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66-181 - RESOLUTION NO. 66R-181 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 IMPROVEMENT OF THE TWILA REID PAR1CSITE, ON ORANGE AVENUE APPROXIMATELY 1]25 FRET EAST OF WESTERN AVENUE. IN 'tJIE CITY OF ANAHEIM. .JOB NO. 888_ , 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 December 30, 1965 and Januarv 6 , 19 66 , a notice inv1ting sealed pro- posals 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 pu6lic improvement, to wit: The improvement of the Twila Reid Parksite, on Orange Avenue approximately 1325 feet east of Western Avenue, in the City of Anaheim, consisting of the cODstruction of 4 and 6-inch P.C.C. sidewalk, 8 by.12-inch P.C.C. backstop curb with anchor bolts, 6 by 6-inch P.C.C. planter curb, 2-inch asphalt concrete; installation and construction of 2-inch post in l2-inch P.C.C. footing; excavation, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 888. ' .- in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De~rtment , and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 08clock P.M. of the 13th day of Januar~ ' 19 66 , and which said notice did state and declare t at, 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 wages for each type of labor needed to execute 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 January 13 , 19 66 , at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of -1- - 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, including power, fuel and water, and performing all work neces- sary 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 Clerk of the City of Anaheim, the public improvement hereinabove more particul.rly de- scribed and set forth, in public, in the City.Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a re- port to the City Council at its next regular meeting; md . WHEREAS, the City Council of the City of Anaheim did, at its next -- regular meeting, held on the 18th day of ~ua~le ,19..ii-, at the hour of ~ouclock P.M., con- s er t e sealed proposals submitted ~nishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determifte that the sealed proposal submitted by PEBLEY BROS., 302 E. Broadway, Anaheim, California for the construc- tion, installation and completion of said 1~rovement of TWila Reid Parksite . on Or e A.ve. a rex. 1325 east or western Ave.., Job No. 888. ere ua ove~m~nt one an escr e, was e lowest responsible proposal submitted therefor, and ~hereupon accepted said bid and did award a contract to said PEBLEY BROS. for furnishing all plant, labor, services, materials and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, plans and drawings ,'" the said public ,improvemen.t as specified in said notice inviting sealed proposals, and did authorize the Mayor and toe Ci.ty Clerk of the City of Anaheim to execute a con- tract fer and on behalf of the City of Anaheim with PEBLE! BROS. which sa d 20th day of contract was duly made and entered into on. the January , 19 66 ; and WHEREAS, the sail PEBLEY BROS. . has furnished all plant, labor, services, materials and equipment and' all utilities and transportation, and performing all work necessary for the construction and completion, in ~ good and workmanlike manner, in strict accordance with the specifications, plana. and. drawings of said public improvement as specified in the notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works Department , and the contract made and entered into with them by the City of Anaheim, and -- WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public improvement 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 particu- larly described 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" tHEREFORE" BE IT RESOLVED b'~, the City Council of the City of Anaheim that all plant, l4bor~ Jervices, materials and equipment and all utilities and.transportation, and the per- formance of all work necessary to construct, install and com- plete, in a good and workmanlike manner, in strict accordance with the specificat,ions, 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 partic~laIly described and set forth, in the City of Anaheim, by said contractor, be, and tbe same are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contr~~r documents, and that the balance due said contractor for said work 'le prdd tu them thirty-five (35) da.ys from and after fins'} acceptance of said ',,'ork as evidenced by the adoption of this re~olution, but not sooner than rhirty (30) days after the date of the filing of notice of completion, exceptin,g on1.y such sum or sums as ~~y lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance by the c.ontr4ctor of said payment.s made in accordance 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 e~ployees, excepting only claims aga.inst the City for amounts wit.hhe1d by the City at the time of such ps.yment. AND BE IT i"URTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and the:y are he.reby authorized to execute and file a notice of completion of- said work as required by law. THE FOREGOI.NG RESOLUTION is approved and signed by me 8tb . day of March , 19 66 . '. this , ATTEST: 1'..... " ~ ~~;ANAiiE'IM .- -3- - - sr ATE OF CALIFOONIA ) COONTY OF ORANGE } ss. CITY OF ANAHEIM ) .-110\ I, DENE M. WILLIAMS, C~ty Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R-18l was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 8th day of March, 1966, by the following vote of the members thereofl AYES I COONCILMENI Dutton, Schutte and Krein NOESI COONCILMENI None ABSENT I COONCILMEN I Chandler ABSTAINED I COONCILMANI Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R-18l on the 8th day of March, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of March, 1966. 1-- . -'^ j ---" - ~.._.. .-. I(..)(~.._ k. ,~~.d'-',..-c..~-/ CITY CLERK OF THE CITY OF ANAHEIM (SEAL)~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R-18l duly passed and adopted by the Anaheim City Council on March 8, 1966. (,.., ,I' -.. ~~- ,;;y. "-- c:....,_... :..' . . ~ i~ I . ,.;.(:,./, <-~ t1I ~ ~ CITY CLERK ..-....