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1973-264 c,~ RESOLUTION NO. 73R-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE RED GUM - LA JOLLA SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1218. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 22nd anq 29th qay'~ nT March , 19 73 , a not1ce inv1ting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Red Gum - La Jolla sewer improvement, in the City of Anaheim, consisting of the construction of approximately 3300 L.F. of 12", 10", and 8" V.C.P., manholes, trench resurfacing; and appur- tenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 1218. in accordance with the designs, plans, profiles and specifica- tions prepared by the pu~ ; ('! Wnrk~ pefa:r~Ii~. . ' and the notice inviting sea ed proposal , w 1C sa1d not1ce specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 5th day of April , 1973 , and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascer- <'__ tained the prevailing rate of w~ges for each type of l~b~r needed to execute said contract, and d1d state that the preva1l1ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- -. WHEREAS, on __ AprilS", 19 73 , ,'it the hour of 2:00 o'clock P.M., the Clty Clerk and the Clty Englneer of the Cl ty of Anabei m d1d open sald sealed proposals rece". ved :lp to that tlme for t~he furnishing of all plant, labor, serVl ces. materials and equlpment, and all utlll ties andtransportatl or" including power, fuel and water, and performing all work neces.- sary to construct and complete, . In a good and workmanlike mann.er. ln stri.ct accordance wIth the spectf locations, plans and draWL ngs therefor on flle 1.n the Office of the City Clerk of the Clt.'{ of Anahelm, the publ.1c .tmprovement herel"nabove more particul.:ir iY described and set forth, in public, in the City CouncIl Chamber in the City Hall, Anaheim, California, and the City Englneer d:;d tabulate the result of said sealed proposals and did make a report to the City Council at its next- - - - - - - regular meet1.ngi and WHEREAS, the Clty Councll of the City of Anaheim did, at its next - - - - - - - regular meetlng, held on the 17th day of - April, 192L-, at the hour of 1: 3P. 0 ~ clock P.M.p consider the sealed proposals submitted for urnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determlne that the sealed proposal submitted by THE BEECHER CONSTRUCTION COMPANY, 506 S. Gaybar Street, West Covina, California 91790 for the constructlon, lnstallation and completion of said Red Gum- La Jolla Sewer Improvement, in the City of Anaheim, Work Order No. 1218. hereinabove mentIoned arid described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said THE BEECHER CONSTRUCTION COMPANY for furnishlng all plant, labor, serv1.ces, materials and equipment and all utilities and transpor- tation, lncluding power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strIct accordance with the specifications, plans and drawings, the said public improvement as specified in said notlce inv1ting sealed proposals, and did author1ze the Mayor and the City Clerk of the city of Anaheim to execute a contract for and on behalf of the City of Anaheim with THE BEECHER CONSTRUCTION COMPANY WhlCh sa~d contract was duly made and entered l.nto on the 19th day of l\pril , 19 ~i and WHEREAS, the said THE BEECHER CONSTRUCTION COMPANY has furnished all plant, labor, serV1ces, mater1als and equipment and all utilities and trans- portation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in str1.ct accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Depa~~ent ~ and the co~tract made and entered lnto wlth it y the C1ty of Anahe1mi and _. WHEREAS, the Director of Public Works has duly certified to the construction and complet1on of sa1d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said THE BEECHER CONSTRUCTI~ COMPANY ; an -2- .,,,....~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particll- larly described in accordance with the prov1sions of the contract and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor author~zed 1n accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and com- plete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement herein- above more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of said work. as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accord'- ance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for amounts v1th.- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED Ohat the Mayor and the C1ty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me th1s 3rd day of Julv , 19-11-. ATTEST: ;~ >>r -1L~~ CIT CLERK OF THE CITY OF ANAHEIM .,#>-", -3- - - .-,.. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-2q4 was passed and adopted at a regular meeting of the City Counc1l held on the 3rd day of .Tllly , 1913-, by the following vote of the members thereof: AYES: COUNCILMEN: Stephenson, Thom, Sneegas NOES: COUNCILMEN: None Pebley, Dutton P T ro em / AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the ~ day of July , 19-1l.... ABSENT: COUNCILMEN: IN WITNESS affixed the seal of July (SEAL ) WHEREOF, I have hereunto set my hand and the City of Anaheim this ~ day of '192L.~, hr A2..._-~ CIT CLERK OF THE CITY OF ANAHEIM I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-264 duly passed and adopted by the Anaheim City Council on July 3, 1973. JJ-~ /?( ~~/ City Clerk ~