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1965-181RESOLUTION NO. 65R 181 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 ANAHEIM STADIUM SEWER IMPROVEMENT, FROW APPROXIMATELY 1321 FEET SOUTH OF KATJLLA AVENUE ON STATE COLLEGE BOULEVARD EASTERLY A DISTANCE OF APPROXIMATELY 1422 FEET, IN'TI CITY OF ANAHEIM, JOB N0. 915. 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 10th and 17th days of December 19 64 a notice inviting sealed proposals or furnishing the following: 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 Anaheim Stadium Sewer Improvement, consisting of the construction of a 15 -inch and 10 -inch V.C.P sewer line at the Anaheim Stadium site approximately 1321 feet south of Katella Avenue on State College Boulevard, easterly a distance of approximately 1422 feet, in the City of Anaheim, including stubs, wyes, plugs and manholes; con- struction of 30 -inch steel casing, Portland Cement Concrete encasement; modification of existing manholes; application of A.C. over weed killer; construction of temporary road; trenching, backfilling, flooding, 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. 915. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment and the notice inviting sealed proposals, wzic said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the day of December 1964 ana which said notice did state and declare that, pursu.nt 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 1964 at the hour of 2:00 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, 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 SCOTT BROS. CONSTRUCTION 2437 West First St., Santa Ana, California for the construction, installation and completion of said Anaheim Stadium Sewer Improve- ment, Job No. 915, hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said SCOTT BROS. CONSTRUCTION for furnishing a l 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 SCOTT BROS. CONSTRUCTION xEich said contract was d 1 made and entered into on the 30th day of December 19 64 and WHEREAS, the said SCOTT BROS. CONSTRUCTION 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 them by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and comp e tion 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 SCOTT BROS. CONSTRUCTION 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- 9th NOW, THEREFORE. BE IT RESOLVED oy the City Co'encil of the City of Anaheim that all plant, labor, service,, 7,ateriaLs and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, ir,stall 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 bereinabove more particularly 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 be paid to them thirty-five (35 days 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 s;c11 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 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 th 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 by law. THE FOREGOING RESOLUTION is approved and sigr.d by me this day of March 19 65 ATTEST DENE M. WILLIAMS, CITY CLERK BY C DEPUTY CITY CLERK OF THE CITY OF ANAHEIM IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of March 19 65 DENE M. WILLIAMS, CITY CLERK (SEAL) -3- BY DEPUTY CITY CLERK OF THE CITY IF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify t at the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 9th day of March 1965 AYES COUNCILMEN° Pebley, Dutton, Schutte, Krein and Chandler NOES COUNCILMEN. None ABSENT COUNCILMEN None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of March 19 65