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64-688RESOLUTION N0o 64R-688 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 IM- PROVEMENT, TO WIT: THE HARBOR BOULEVARD SEWER, ZM OWM NZ. F OM OXNE A AF OX MAZELY 376 FEET 'NORTH oF R0~EYA ...DRIV. E,. !N...THE C.!TY OF ANAHEIM', .... .JOB NO. 1280. 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 th~ 23rd and 30th days of Aoril , 1964 , a notice inv'itin~ sealed proposals f6r furnishing the following: Ail 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 ac- cordance with the specifications, plans and drawings there- for on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improve- ment, to wit: The Harbor Boulevard Sewer Improvement, consisting of the construction of an 8-inch V.C.P. sewer line in Harbor Boulevard, from Romneya Drive to approxi- mately 376 feet north of Romneya Drive, in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and 6-inch laterals, removal and replacement of existing Portland Cement Concrete sidewalk, resurfacing, 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. 1280. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Denmrtment ., and the notice inviting sealed proposals, wh. ich said notice specified that sealed, proposals as specified in said notice would be received up until ._~o~clock P. M. of the 7t.h day of May ..... , 1~4- , 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 exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and 2:00 WHEREAS, on May 7th 19 64 at the hour of ,. , o~clock P. M,, the City Clerk and tile 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 a!! utilities and. transportation, in- c!uding power, fuel and water, and performing all work necessary to construct and comp].ete, 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 ;~aheim, i:he 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 c,f said. sealed, proposals and. ~?]id make a report to the City Council at its next re3ular meeting; and WHERE. AS~ the City Council of the City of Anaheim did, at its next -- regular meeting, held on the 12~.h_ .. day of May , 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 M. C, .NOTTINGHAM CO. SOUTHWEST. 2926. ~West 1st ~Stre~et., Santa Ana~_Ca!ifornia for the c°nstruction, installation and completion of said H~arbo. r~Bgu.~lev~rd Sower !mpro¥_e- ment, Job No. 1280~__ ........... hereinabove mentioned and described, was the lowest responsible pro- posal submitted 'therefor, and. thereupon accepted said bid and did award a contract to said M. C. NOTTINGHAM CO. _~OUTHWE. ST for-"fUrni-shin~g ai~~ ~%~ant, 1-abor, ser- ~.,,ices, 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 i:o execute a contract for and on behalf of the City of Anaheim with H. C. NOTTINGHAM CO. SOUTHWEST x~zhich said contract was dTU-iy made and entered into on the 14th day of -__M~Y , 19 64 ; and '~.'IHE~AS, the said. _M. C. NOTTINGHAM CO. SOUTHWEST .... has--furnished ~all plant-, lab-or vices, materia%s and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and wor!~ananlike 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.th~ Public D~artment , 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 construc~ ~-~ ~o~-~-l~et~ion ~of said-public improve- ment hereinabove mentioned and described, in accordance with the -]ans:_ and specifications and the contract documents duly made and entered into with said. ~..M_._ C_ ..... _ND_TTINGHAM. CO- SOUT!!WEST _ __ ;- 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 d. ocuments, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -2- XOW~ ~.HEREFORE~:, BE, 17 ~RESOLV£D by t'he City ~.o~nc ~ il of the City of Anab~im tba~ ail plant. 'labor'~ ~erv~c~e~. ~;~,,~,~rial~ and equip~nt arid all utilities and transportation an~i the per f~rmance -af all work necessary co constr~c'~,~ i~,~sta~,l and in a good and wor~aniike man~r, in strict accordanc,e 'wit'h speci, f~cat:ion:~ plans a~d drawings th~re:fo'r o~ file i~ th.a Offic~ of r~he City Clerk of the City of ~aheim~ together with. the appurtenaaca~ [hereto. said public improvement herein, above more particularly describea and s,ct~ forth~ ~n the City of Anaheim by '~aid. contractor', be.., and t'he same are hereby ~c~ c~epted~" ~ubj~ct nevertheless, to all the te~.~, conditions and provisio~,.s of the contract documents~ and that the balance due said contrac~tor f~r said work be paid to it thirty~five (3='~ days from and after final acceptance of s~{d work as evidenced 'by the adoptio~ of this resolutiop, but 'not s~oner' than thirty (50~ days. after the date of the filing of non, ice of completion~ excepting only s~ch. sum or ~ums a~ may lawfully be withheld in accord~an~e~ with the provisions of ~aiJ contract and cont~'act document~. That accepta'pce by the con tractor of s~id paymer~:ts made in accordance with said. final estimate shall op. erate and Shall be a release to the City of ~c~aheim~ its officers~ agents and employees from all claims and liabilities due the contractor ~or a~vthi.n8_~ done or furnishe~ ~pr wi.tbhel~ or for anything relating to ~he work or any act or neglect of the City~ its officers~ agemr~ and employees, excepting .only claims against the City for amy a~oupts w!thbeld by the City at the time of ~.acb pay~ent~ Af,.~ 8E I?: F~.,R~HER RESOLVED that Ehe Mayor and the City Clerk of the City of Anaheim be~ a'pd they are her.~by authorized to execut~a ,and file a .eric= ...... of compl:ation of :~aid work a~ +'~'~,~,~.,~r~° by,, law~ THE FOREGOING RESOI~.~,ON is approve~and sig~a by m~: this 22nd day ,of September ,~, 119 64 ~ ,/~,,' -~ AII ESI' o ..... ., STATE OF CALIFORM!A i~ COUN%Y OF ORA~ 4~?E '~ ~ s CITY OF A !IAHEIM I~ P~_~IAMS ~ City Clerk of the City o.f Anaheim~ do b~reby ~.~r'ti.f~a~Orego~g resolution was intro- duced and adopt~d ~ a regular meeting provided by law of the City ounc~ ~ C , '! o~he City of Anahe~im~ held on the 22nd day of September ~: 19 64 . AYE8 CO~.N(ilLMEN'~ Pebley, Dutton, Krein and Chandler NOES COUNC t LMJ~N ' None ABSENq~~ ¢OUNCILMEN~ $chutte AND I FURTHER CERTIFY that tb~ Mayor of th~ City of A~naheim approved and signed said resolution on the 22nd day of ~S~tember 19 64 . lin WITNESS WHEREOF, I have hereur, to set. my hand and affixed the official seal of the City of A~aheim this 22nd elf Se~ember _~.~ 19 64 aay C IT~ THE CIT~ OF--A~Et~i