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64-453RESOLUTION NO,o 64R-453 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 ?OWER~ FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT~ TO WIT: THE IMPROVEMENT OF THE PARK SITE AT UNDERHILL AVENUE AND SUNKIST STREET, IN THE CITY OF ANAHEIM JOB NO~ 80~ ALTERNATE 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, om the 6th and 13th days of March .... , 19 64 , a notice inviting ~aled proposals for furnishing the f o%-l-~g: Ail plant~ iabor~ 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 Improvement of the Park Site at Underhill Avenue and Sunkist Street, in the City of Anaheim, consisting of excavation, including compacted embankment and disposal; construction of 3-inch and variable thickness A.C. pavement, including paint binder, weed killer, fog seal coat and saw cutting; construc- tion of Portland Cement Concrete curb, alley gutter, walks, walls and slabs; removal of Portland Cement Concrete curb and gutter; imported borrow, and appurtenant work as more particu- larly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 804. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department .... , and the notice inviting sealed proposals, w~ich said notice specified that sealed p~oposals as specified in said notice would be received up until ~ ._~__o clock Po M. of the 19th day of March , 19 64 , and which said notice di-~ state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on March ~_ , 19 6__4, at the hour of 2:00 o~clock Po M~, the City Clerk and the City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, inm c!uding power, fuel and water, and performing all work necessary to construct and complete, in a good and worl~nanlike manner, in ~;~-_rict accordance with the specifications, plans and drawings there- for on file in the Office of 'the City Clerk of 'the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result r>f said sealed proposals and ~]id make a report to the City Council at its next -- regular meeting; and W~Et~AS~ the City Council of the City of Anaheim did, at its next -- regular meeting, held on the 24th day of March , 19 64 , at the hour of 1:30 o'clock P~M., consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and. did thereupon find and determine that the sealed proposal submitted by PEBLEY BROS., 649 Carleton, Anaheim,. Califormia, _ for the construction, installation and completion of sai~ improvement of the Park Sit~ at ~nderhill Avenue and Sunkist Street, J~b N01 804~ Alternate No. 2, hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said PEBLEY BROS. for furnishing all plant, labor, ser- vices, 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, the said pub- lic improvement as specified in said notice inviting sealed proposals, and did authorize 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 FEBLEY BROS. ~ich said contract was duly made and entered into on the day of March , 19 64 ; and 25th i~HEPgAS, the said PEBLEY BROS. has furnished all plant, labor, ser- vices, materi~-i-s and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the speci- fications, 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 Department __, and the contract made and entered into with ___~ by the City of Anaheim; and ~EP~AS, the Director of Public Works has duly certified to the construction and completion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and. specifications and the contract documents duly made and entered into with said PEBLEY BROS. ._ ; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -2- NOW~ ~HEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, service~, mat~erial5 and equipment and all utilities and transportation~ and the formance of all work necessary to construct~ install and compl~.~, in a good and wor~anlike manner, in strict accordance with tb~ 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 hereinabove more particularly described and set forth, in the City of A~ahei~? 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 contractor for said work be paid to __~ 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 ~he filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of ~aid contract and contract documents. That acceptance by the con~ tractor of said payments made in accordance with sai~ 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 employees, excepting only claims against the City for any amounts withheld by the City at the time of such payment~ AND BE IT FURTHER RESOLVED that the Mayor and the City Cl~rk of the City of Anaheim be, and they are hereby authorized to executa and file a notice of completion of said work as r~equired by law. 23rd ATTEST~ THE FOREGOING RESOLUTION is approved and signe~ by me this day of June MAYOR DF THE IS,ITY- ~~~TM CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ DENE M. WILLIAMS , City Clerk of the City of Anaheim, do~h~-~-~ certi-~-~att~regoi~g resolution was {ntro~ duced and adopted at a -- regular meeting provided by law of the City Council of the City of Anaheim, held on the ~~ day of June , 19 64 . AYES~ COUNCILMENo° Dutton, Schutte, Krein and Chandler NOES; COUNCILM~N; None ABSENT; COUNCILMEN ~ None ABSTAINED: COUNCI L~EN: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the _~rd day of ~J_~ne __ 19 64 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd of June__, 19 64 (SEAL) day