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64-636RESOLUTION NO o 64R-636 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 POLK, TYLER AND QQQLIDGE AVENUES SEWER IMPROVEMENT~ FROM GRAND AVENUE TO WESTERN AVENUE, IN THE CITY OF JOB NO. 1275. 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 9th and 16th days of ApriL, , 1964 , a notice inviting sealed proposals fbr furnishing the fol'~g: All plant, labor, services~ materials and equipment, and all ut~.tities and transportation, including Dower, 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, olans and drawings therefor on file in the Office of the City Engineer or Ci[y Clerk of the City of Anaheim, ~he following pubiJc improvement, to wit: The Polk, Tyler and Coolidge Avenues Sewer Improvement, consisting of the construction of ~-inch V.C.P. sewer lines in Poli.~ Tyler an~ C~c~lJJge Avenues from Grand Avenue to ~estern Avenue~ in the City of Anaheim~ including excavation, backfill and flooding, construction of manholes, drop manholes= wyes and 4-inch house connections, resurl!acing, and appurtenant work as more pa~tzcular~y set forth Jn the plans and specifications on f~le in the Office of the City Clerk or City Engineer~ Job No. 1275. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department ., and the notice inviting sealed proposals, w~ich said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P. M. of the 2~rd day of April , 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 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 WHEREAS, on Aprii 23 , 19 64 at the hour of 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, mnterials and equipment, and ~11 utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and complete, in a good and worl~nanlike 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 f]ity Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and ~tid 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 28~.h day of 1-~-64 at the hour of 1:30 o'clock P.M., __~pril , 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 subm'?tted by WILLI~UM R. SHRIVER~ JR.~.~_ P.D. Box 1258~ ~sta Mesa~ Cal_iforni______a, for the construction, installation and completion of said _ .Polk; Tyler and Coolid_~e Avenues 6ewer Improvement, Jo___~p No. 1275 hereinabove mentioned and described., was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said WILLIAM~R.~SHRIVER, JR. for ~'urniS'hing' all Plant, labor, 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 snd the City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with WILLIAM which said contract was duly made and entered into on the 3Otb day of _ April , 19 64 ; and WHEP~AS, the said WILLIAM F,. SHRIVER, JR. has [urnished 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 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 .the Public W.0rks D.~p_ar~men~ __, and the contract made and entered into with __h/mm___ by the City of Anaheim; and %R{EP~AS, 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 _~LLIA~ R. S~RIVER_ ~R ; 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- NOW: ~HEREFORE¢ BE IT RESOLVED by the City C~.,uncil of the City o:f A~a.b:~irc that all plant ~ labor~, ~;~r?i~-,::~ 7~at:.~.rial~ and equipmen~ and all utliitia~ and tran:sportat:i.on f0zmance of all war'k pece.ssary to co~str~ct~ i~st:all and in a good and wor'~_aniike a .... ..r, in strict accordance wi~b speeificatiap_s, plans apd drawings therefor o~ file ia. t'h~ of the CitT¢ Clerk of the City of ~aheim together with the appurtenance~s thereto ~aid public improve,~,ent he~e:inabove particularly describe~ and se:t forth~ ~n the City 3f Ana~eim~ by s~aid contras:tot,, be.., and the same are hereby a¢cept.ed~ ~ubj~ct, nevertbel, ess to all th~ ta~,, c ndxrxon= a~d provisioo~s of the contract docu:ments, and t~at the balance, due said contractor for said work be paid to .... ~b~_. tbirty~five *'5~~' dots from and after [inal acceptance of said work as evidenced by the a.doptioa of this resolution, but r~ot sponer than thirty /50~ days aft'~:r' t'he date the filing of nctlce of completion, e~cepti, ng only such sum or sums as may lawfully be wit'hheld ia accordance with the provisions of ~aiJ conr:rac~ aqd contract document~. %ha~ acceptaoce by the con~. tractor of sai~ payme~.ts made in accordance with sai~ final estimate Shall operate and shall be a re~lease to the (it:y of ~aheim~ its officers~ agents and employees from all claims and liabilities the contractor lot ~ything 8.one or furnished or with~el?t or for anything relating t.o the work or any act or neglect of the City~ its officers, age~t~ and employees, excerpting only claims against the ~ity for any amou, ts withheld by the City at the time of .s. ucb pas~ent, A':D BE i']' FURTHER RESOLVED that the Mayor and the ~xtv~ Ci~'~r'k of the City of Anaheim be.~: a'.~d they are hereby a~t~or'ized to exe. cut~ and file a ~otic. e .of c~mpl~.t~o~., ~f .~aid work as .~u~r~ b?? law~ 25th THE FOREGOING RESO/Ui iON is appro]~ed and sig~.¢z~, by m~ this day of ~iu&us t STATE OF CAitFORN]A COUNTY OF ORA~!(,E , ss C!TY OF ANAHE :~ 2D~_~WiLLIAMS ~ Cltv Clerk of the ~xty of Anaheim~ d:)h"~r'e6y '~erf~7~-~regoi~.g resolution was intro~ duced and adopte, d at a -- regular meeti~g provided by ~a~m~ held on the ~~. law of the City Council of the City of h~ '~ day of .~~~ ...... 19.~. ~. AY'ES: CO~;NCILMEN~ Pebley, Schutte, Krein and Chandler NOES oOU,%,,~ t LM~N None ABSEN ~,, ~: 0 ~,S C I. LMEN: Dutton AND I FUR%HER CERTIFY that the Mayor' of th<e City of Anaheim approved and signed said resolution on the _~ day of .August IN W17NESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of A~aheim this 25t. h 4ay ( SEAL