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66-653RESOLUTION NO. 66R -653 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: H MO SAN A AND AT HISO S TS JOB NO. 951. 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., one 2nd and 9.411 days of 19 a notice inviting sealed pro posa s or arms Ing the o lowing 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 there- for on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Lemon, Santa Ana and Atchison Streets Sewer Improvement, consisting of the installation of 24, 15, 10 and 8 -inch V.C.P. sewer lines in Atchison Street, from approximately 188 feet north of Broadway to Santa Ana Street; in Santa Ana Street, from Atchison Street to Olive Street; in Olive Street, from Santa Ana Street to Water Street; in Water Street, from Olive Street to Lemon Street; in Lemon Street from Water Street to Vermont Avenue, in the City of Anaheim, including construction of manholes and P.C.C. pipe encasement; jacking 30 -inch minimum O.D. steel casing; trenching, backfill and compaction; trench 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. 951. in accordance with the designs, plans, profiles and specifica- tions prepared by the Pi h.i it arks nclpartippnt and the notice inviting seale. 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 16th day of June 19 66 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 June 16 19 66 at the hour of 2:00 o'clock P.M., the City Clerk and they 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, including power, fuel nd water, and performing all work neces- sary 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 Clerk of the City of Anaheim, the public improvement hereinabove more particularly de- scribed 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 next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the day of 1966 at the hour of o clocck P.M., con Ti er the sealed proposals submitted or urnishing 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 ROGERS AND DAVIES PI I ,E 5045 State Street. Ontario California, or t e construc- tion, inst.=llation and completion of said Lemon, Santa Ana and Atchison Stre s Job No. 951. ereina oveJmentione•! an. •escri•e•, was lowest responsible proposal sibtditted therefor, and thereupon accepted said bid and did award a contract to said ROGERS AND DAVIES PIPELINE CONTRACTORS for furnishing all plant, 1bor, services, materi =ls and equipment and all utili- ties and tr- nsportation, including power, fuel and water, and per- forming all work necessary to construct -end complete, in a good and workmanlike mangier, in strict accordance with the specifica- tions, plans and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did uthorize the Mayor and the City Clerk of the City of Anaheim to execute a con- tract for and on behalf of the City of Anaheim with ROGERS AND DAVIES PIPELINE CONTRA TORS which said contract was duly m e and entered into on the 22nd day of June 19 66 y and WHEREAS, the said RO ERS AND DAVIES PIP EI E has urnis es p'ant, a'•or, services, materials and equipment and all utilities and transportation, and performing all work necessary for the construction and completion, in a good nd 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 Works D -.a 2L-4 and the contract ma •e an entere. into wits it •y t e City of Anaheim; and WHEREAS, the Dire has duly certified to the construction an completion, o'' sai•' public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said ROGERS AND DAVIES PIPELINE CONTRACTORS and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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 b! the City Council of the City of Anaheim that all plant, labor,Jervices, materials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete, 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 herein- above more partL:ularly described and set forth, in the City of Anaheim, by 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 3e NIA tc jt thirty-five (35) days from and after final acceptance of said idork 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 such sum or sums as rLay lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance by the contractor 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 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 amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Araheim he, and they are hereby authorized to execute and file a notice of completion of said work as required by law. THE FORMING RESOLUTION is approved and signed by me this llth_ day of October ATTEST: C" CLERK OF TH CY OF ANAHEIM YOR OF THE CITY O. AN HE IM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R -653 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 11th day of October, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -653 on the llth day of October, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this llth day of October, 1966. (SEAL) CI CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -653 duly passed and adopted by the Anaheim City Council on October 11, 1966.