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1965-570RESOLUTION NO. 65R 570 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: IMPROVEMENT OF THE GEORGE HANSEN COMMUNITY PARK AT THE NORTHEAST CORNER OF CRESCENT AND GREENACRE AVENUES, IN THE CITY OF ANAHEIM, J`OBB NO. 789 -A. 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 22nd and 29th days off April 19 65 a notice inviting sealed proposals Tai the flowing: 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 accord- ance 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: Improvement of the George Hansen Community Park at the northeast corner of Crescent and Green acre Avenues, in the City of Anaheim, consisting of grading and earthwork, 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. 789 -A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De.artment and the notice inviting sealed proposa s, w ich sal notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 6th day of May 19 65 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 May 6 19 65 at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of -1- the City of Anaheim did on said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and ell utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete, in a good and workmanlike manEer, 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 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 re- port to the City Council at its net regular meeting; and WHEREAS, the City Ccuncil of the City of Anaheim did, at its next regular meeting, held on the llth day of MA 19:0 at the hour of 1:30 o'clock P.M., con- =Ft e sealed proposals submitted f the materials and performing the wok hereinabcve more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by ORVILLE E. HENDERSON 1905 E. 17th St., Santa An,a1ifornia for the construction, Tita d comIetion T said improvement of Geor e Hansen Community_parls,_Job No. 789-A hereinabove mentioned ard defl was the lowest responHEle pro- posal submitted therefor, and thereupon accepted said bid and did award a contract tc said ORVILLE E. HENDERSON for furnishing all plant, laSor, ser- vices, materia s and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to constrict and complete, in a good and workmanlike manner, in strict accordanee pith the specifications, plans and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did authorize rhe Mayor and the City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with ORVILLE E. HENDERSON wlaich said contract was duly made and entered into Ori da); of May 19 6 and WHEREAS, the said ORVILLE E. HENDERSON has furnished all plant, labor, ser- ies, materials d 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 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 Wor De DArtment and the contract made and enteredintowith him b7757 Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completi6EET said Paaic improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said ORVILLE E. HENDERSON 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 accordance with the contract documents. NOW, THEREFORE BE IT RESOLVED Dy the City Council of the City of Anaheim that all plant, labor, service e, materiaLe and equipment and all, utilities and transportation, and the per- formance of all work necessary to construct, i_LLstaIl and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor o file in the Office of the City Clerk of the City of Anaheim, together with, the appurtenances thereto, said public improvement hereinab v-e more particularly described and set forth, in the City of Anaheir, by said contractor, be, and the same are hereby acceted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contretor for said work be paid to him thirty-five 35) dads 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 the filing of notice of completion, excepting only sech 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 sari final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and ?viabilities 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 Clerl of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as e uir .d lava. THE FOREGOING RESOLUTION is approved and signed by me this 3rd day of August 19 65, ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE ss (SEAL) AYES NOES ABSENT IMO MO C CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM I, DENE M. WILLIAMS Anaheim, do hereby certify t at the o duced and adopted at a law of the City Council of the City of day of _August 19 65 COUNCILMEN COUNCILMEN COUNCILMEN AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 3rd day of _August 19 65 IN WITNESS WHEREOF, I have hereunto set iry hand and affixed the official seal of the City of Anaheim this 3rd of Au ust 19 -3- MAYOR OF THE CITY OF I, DENE M. WILLIAMS, CITY CLERK CF THE CITY OF ANAHEIM, DO HEREBY CERTIFY THAT THE FJREG::ING IS THE AL OF RESOLUTION N O DULY PASSED AND ADQPT.ED BY THE ANAHEIM CITY COUNCIL ON 1 -3 J City Clerk of the City of egoing resolution was intro- regular meeting provided by Anaheim, held on the 3rd Dutton, Pebley, Schutte, Chandler and Krein None None CITY CLERK .__.c.s -_��x ate/ CITY'CLERK OF THE CITY OF ANAHEI1 day