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63-0668RESOLUTION NO. 63R 668 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PARKSITE REST ROOM FACILITIES. TYPE "C IN THE CITY OF ANAHEIM, JOBS NOS. 72. 745 and 746. 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 1st .nd d. F -•t 19 63 a notice inviting sealed proposals for furnishing the folliowing: 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 struct 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 construction and completion of Rest Room Facilities, Type "C at City parksites near the intersections of Crescent and Gilbert, Job No. 729; Loara and North, Job No. 745; and Crone and Loara, Job No. 746, all in the City of Anaheim, California, consisting of 386 square feet of area for each facility, single story concrete block buildings, with concrete floors, wood frame roofs with steel fascia and columns, composition roofing, electrical, plumbing, toilet partitions, painting, sheet metal, glass glazing, and all appurtenant work as more particularly set forth in the plans and specifications on file in the office of the City Engineer or City Clerk. in accordance with the designs, plans, profiles and specifica- tions prepared by Dan L. Rowland, Architect, 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 o'clock Pe M. of the 14th day of March 19 63 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 ascertained the prevailing rate of wages for each type of labor needed to execute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on Mardi 14 1963 at the hour of 2:00 o'clock P. M,, the City Clerk and 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 parti- cularly described and set forth, in public, iii-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 report to the City Council at its next regular meeting; and WHEREAS, the City Council of to City of Anaheim did, at its next regular meeting, held on the 19th day of March 9 19 63 at at the hour of 3_00 ooclock Po M., consider the sealed proposals submitted for fur- nishing 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 FRED BECK CON TR C ;N 0 for the construction, installation and completion of said ParkUite Rest Room Facilities, Type "C Job: „,Nos. 729, 745 and 746. hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said_aajagoLamalumga Q Q. for furnishing all plant, labor, services, materials and equip- ment 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 public 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 FRED BECK CONSTRUCTION CO. which said contract was duly made and entered into on the 22nd day of March 9 19 63 anc WHEREAS, the said FRED BECK CONSTRUCTION CO. has furnished all plant, labor, ser- vices, materials 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 specifications, plans, drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and speliications prepared by Dan L. Rowlaxd, Architect and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said O -2- and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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 accord- ance with the contract documents. N0W THEREF0RE 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 per- formance of all work necessary to construct install 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 together with the appurtenances thereto said public improvement hereinabove 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 contractor for said work be paid to it thirty -five (35) days from and after final acceptance of sa 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 l}y the con- tractor of said payments 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 employees excepting only claims against the City for any amounts withheld by the City at the time of such payments AND BE IT FURTHER RESOLVED that the Mayor and the City 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 this lath day of 9 1` 0 ATT ST C YC OFT CI STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM I DENE M. WILL that the foregoing resolution was regular meeting pro= the City of Anaheim held on the 19 63 9 by the following vote: AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons NOES: COUNCILMEN:: None of Anaheim do hereby certify introduced and adopted at a vided by law of the City Council of 13th day of August (SEAL) -3- 9 City Clerk of the City ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of A ugust 9 19, IN WITNESS WHERE0F I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of Ai,gyist- a 1961_0 CI CLERK OF T CITY OF ANAHEIM