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1965-282RESOLUTION NO a 65R 282 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 HELENA MODJESKA COMMUNITY $.1.!' l �1. l l 1 AND OODWORT ROAD THE my OF ANAHEIM WHEREAS, the City Council of the City of Anaheim did c.. use to be published in a newspaper of gener 1 circulation, printed, published and circulated in the City of Anaheim, to wit: The Anheim Bulletin, on the 10th and 17th days of f Pnemh r urnishing the fol ing: 19 64 a notice inviting sealed proposals for 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 Improvement of the Helena Modjeska Community Park, at the northwest corner of Nutwood Street and Woodworth Road, in the City of Anaheim, consisting of construction of Portland Cement Concrete sidewalks, slabs, curbs, retaining walls and tunnels; installation of bench supports; 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. 887A. in accordance with the designs, plans, profiles and specifica- tions prepared by the 'ublic Works De•artment and the notice inviting sealed proposals, w lc sal notice specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock P.M. of the 23rd day of December 19 64 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 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. December 23 19 64 at the hour of 2:00 o'clock P.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, in- cluding 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 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 29th 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 BERT BLEDSOE. 1125 North Oakdale, Fullerton, California for the construction, installation and completion of said improvement of the Helena Mod jeska Communit Park Job No. 887 hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said BERT BLEDSOE 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 BERT BLEDSOE which sal contract was du y made and entere• into on the 31st day of Dece 19 64 and WHEREAS, the said BERT BLEDSOE 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 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 1�tutblic 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 BERT BLEDSOE 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- r NOW, THEREFORE, BE IT RESOLVED ry the City Lc '711 of the City of Anah irn that all plant, Tabor, sery is and equipment and all utilities and tran.sp n, an.. the r.t_. foiwwuance of all work necessary to construct, install and c_ ,r.:_. in a good and workmanlike manner, in strict a(7:cor°da .k with specifications, plans and drawings therefor o file in the Y ice of the City Clerk of the City of Anaheim, together with thc appurtenances thereto. said public improvement herf.inahoi..e mo• L particularly described and set forth, in the City of Ana?ein 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 5) days frFot and after final. acceptance of said work as evidenced by the dopti o.. of this resolution, but not sooner than thirty ;C days after the dt of the filing of notice of completion, excepting only s..c,h sum or sums as may lawfully be withheld in accordance with the provision 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 d the contractor for anything done or furnished or warh ell 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 ofucb payment, AND BE IT FURTHER RESOLVED that the Mayor and the City C'i e:.r of the City of Anaheim be, and they are hereby a to execute and file a notice of completion of said work as r v:;,i.r.; by law, THE FOREGOING RESOLUTION is approved and sign, .1 by m, this 13th day of April j 1 6 ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM b 1, DENE M. WILLIAMS City Clerk of the `,ity of Anaheim, do f ereby cerLi.f� y ttt t�k 1oregoing resolution was intro- duced and adopted at a regular rneetirg provided by law of the City Council of e City of Anaheim, held o n the 13th day of April 19 65 AYES o C-0O NCILMEN., Pebley, Dutton, Schutte, Krein and Chandler NOES COUNCILMEN None ABSENT a COUNCILMEN None AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of ___April 19 65 (SEAL) CLE'K OF THE Cit.? OF ANAHEIM -3- MAYOR OF THE Y OF AN H IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th .ay of _April 19 65 T CLERK OF THE CITY SF ANAHEIM,