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1965-122RESOLUTION NO. 65R -122 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 LINCOLN AVENUE SEWER IMPROVEMENT FROM APPROXIMATELY 325 FEET EAST OF BEACH BOULEVARD TO APPROXIMATELY 99 FEET EAS OF BEACH BOULE- VARD IN THE CITY OF ANAHEIM JOB NO. 1304. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of gener1 circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 3rd and 10th days of December 19 64 a notice inviting sealed proposals for urn ring t e folIo7ing: 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 Lincoln Avenue Sewer Improvement, consisting of the con- struction of an 8-inch V.C.P. sewer line in Lincoln Avenue from approximately 325 feet east of Beach Boulevard to approximately 994 feet east of Beach Boulevard, in the City of Anaheim, including trenching, backfilling and flooding, construction of wyes, plugs, manholes and A.C. resurfacing; application of weed killer, removal and replace- ment of sign, 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. 1304. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment and the notice inviting sealed propose s, w is sai notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 17th day of December 1964 and which said notice did state and d eclare tat, 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 December 17 19 64 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, nnd 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 22nd day of December 1964 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. CONSTRUCTIQN, 2437 West First St., Santa Ana, California for the construction, installation and completion of said Lincoln Avenue Ho o H t in the City of Anaheim Job No. 1304 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. CONSTRUCTIQN for furnishing all 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 aich said contract was duly and entered into on the nrd day of December 19 64 and 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 etion 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 BR •'st TON WHEREAS, the said an -2- 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. NOW, fHEREFORE, BE IT RESOLVED by the City Codncil of the City of Anaheim that all plant, labor, s,ervlte., r4,terial and equipment and all utilities and transportation, an the per- formance of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with tbe 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 hereinabove 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 (3.5 days from ard after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty 00) days after the date of the filing of notice of completion, excepting only s,:ch 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 Dr 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 'Icsyor and the City Cleri of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as reluird by law. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of February 19 65 ATTEST ‘i Y CLER OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM MA OR THE tT. I, DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify t at t e oregoing 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 _23rd day of _February 1965. AYESO COLNCILMENO Pebley, Dutton, Schutte, Krein and Chandler NOES COi'NCILNo None ABSENT COUNCILMENO None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 23rd day of 19 65 (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of Februar 19 65 CITY CLERK OF THE CITY OF ANAHEIM -3-