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1965-176RESOLUTION NO. 65R 176 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 RUDY BOYSEN PARK PARKING LOT ON VE`MON VENU PPROX TELY FEET EAST OF WAYSIDE DRIVE IN THE CITY OF ANAHEIM, JOB NO. 811. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of gener,.1 circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 12th and 19th da s of November 19 64 a notice inviting sealed proposa s for f urnis h ing t e fo1T I g: 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 Im- provement of the Rudy Boysen Park Parking Lot, on Vermont Avenue approximately 153 feet east of Wayside Drive in the City of Anaheim, consisting of excavation, removal of existing Portland Cement Concrete curb, gutter and sidewalk; construc- tion of Portland Cement Concrete curb, gutter, spandrel and sidewalk, 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. 811. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department 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 P.M. of the 25th day of 19 64 7-and which said notice did state and ec are t at, pursu.nt 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 November 25, 19 64 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, in- cluding power, fuel and water, and perforating all work necessary to construct and complete, in a good and workmanlike manner, in strict 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 of said sealed proposals and did make a report to the City Council at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 1st day of December 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 COXCO, INC., c/o Cox Bros. Construction Co. P. O. Box C, Stanton California for the construction, installation and completion of said improvement o f Rudy Boysen Park Parkin: Lot Job No. 811 hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said COXCO, INC. 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 COXCO. INC. which said contract was duly made and entered into on the 3rd day of December 19 64 and WHEREAS, the said COXCO INC. has Burnished 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 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 it by the City of Anaheim; and WHEREAS, 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 COXCO, INC. 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- NOV, THEREFORE BE IT RESOLVED by the City Caencil of the City of Anaheim that all plant, labor, servicee,, n,ateriales and equipment and all utilities and transportation, and the per formance of all work necessary to construct, irastall 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 hersinabove more particularly described and set forth, in the City of Anaheim, b said contractor, be, and the same are hereby a(cepted, 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 said work as evidenced by the adoption of this resolution, but not sooner than thirty 00) days after the date of the filing of notice of completion, excepting only s-1;ch sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by 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 3r withheld or for anything relating to the work or any act or neglect of the City, its officers, agents and employ-es, 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 tvf.ayor and the City Clerl of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as reired by law. THE FOREGOING RESOLUTION is approved and signed by me this day of March 1965 9th ATTEST DENE M. WILLIAMS, CITY CLERK BY DEP 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 ETFJ13177FEITTEE resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 9Lh___ day of March 1965 AYES COLNCILMEN Pebley, Dutton, Schutte, Krein and SE AL NOES COUNC1LIENC None ABSENT COUNCILMEN None Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of March 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th of March 19 65 DENE M. WILLIAMS, CITY CLERK BY ELaL CITY CLERK OF THE CITY OF ANAHEIM -3- day