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1965-648RESOLUTION NO. 65R -648 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 MODJESKA PARK AREA SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM JOB NO. 1288. 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 13th and 20th da s of May 19 65 a notice inviting sea e• proposa s UT the fwing: 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 Modjeska Park Area Sewer Improvement, consisting of the construction of 4, 6 and 8 -inch V.C.P. sewer lines in Empire Street from approxi- mately 422 feet south of the center line of Ball Road to approximately 953 feet south of the center line of Ball Road, and in Modjeska Park from approximately 4 feet east of the center line of Empire Street extended to approximately 529 feet east of the center line of Empire Street extended, in the City of Anaheim, including con- struction of stubs, wyes, plugs and manholes; A.C. resurfacing; cleanout, trenching, backfill and compaction, 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. 1288. in accordance with the designs, Works profiles and specifica- tions prepared by the Public orks De.artment and the notice inviting sealed proposa s, which sal notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 27th day of May 19 65 and which said notice did state and ec are t at, 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 May 27 19 65 at the hour of 2 :00 o'clock P.M., tie City Clerk and the City Engineer of -1- the City of Anaheim did opsn 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 and water, and performing all work neces- sary to construct and complete, in a good and workmanlike manter, 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 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 re- port to the City Council at its next regular meeting; and WHEREAS City Council of the City of Anaheim did, at its next regular meeting, held on the 1st day of June 19 63 at the hour of 1:30 o'clock P.M., con- =7the sealed iSropos.,16 submitted forUTEishing 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 630 S. Hathawa S nta Ana California -2- or t e construction, insta ation an comp .etion olt Area Sewer Im rovement Job No. 1288, ereina ove mentioned and d escrTd, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said SCOTT BROS. CONSTRUCTION 77F7 rirnis ing a p ant, .a or, ser- vices, materials ZEJFTUTFiiient 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 accordanee with the specifications, plans and drawings, the said public 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 d contract for and on behalf of the City of Anaheim with SCOTT BROS. CONSTRUCTION ;EIFF=U w71T and entered into on the day of June 19_ 65_; and WHEREAS, the said SCOTT BROS. CONSTRUCTION has farniaed= labor, ser- vices, materials and equlpment 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 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 LtetliEHaElia and the contract made and entered into with TEZT1757 and WHEREAS, the Director of Public Works has duly certified to the constructionanpetio 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 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 Dy the City Coeinci1 of the City of Anaheim that all plant, labor, ser 'its materials and equipment and all utilities and transportation, and the pe r" formance of all work necessary to construct: ir.stail 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, together with the appurtenances thereto„ said public improvement hercinabov^e 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 dais from and after final acceptance of said work as evidenced by the adoption of this resolution, but, not sooner than thirty O days after the date of the filing of notice of completion, excepting only such 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 Anahcin>< its officers, agents and employees from all claims and 'viabilities due the contractor for anything done or furnished 1r 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 I FURTHER RESOLVED that the Mayor and the City Clerb of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as r e» »ir d by law. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of August 19 65 ATTEST DENE M. WILLIAMS, CITY CLERK BY C1.4. De ut CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certi y t at tkne oregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of t City of Anaheim, held on the 24th day of August 19 65 AYESO NOES ABSENT (SEAL) COUNC1LN o None COUNCILMEN Chandler MAYOR OF THE CITY-OF AN I. DENE M. W!LLIAMS, CITY CLERK OF THE Cl [Y D ANAHt .vi, DO HEREBY CERTIFY THAT THE FOREGOING LS THE ORIGIN- AL OF RESOLUT!ON '5 DULY PASSED AND ADO ?TED BY THE ANAHEIM CITY COUNCIL ON .57...;"-/A.;, COUNCILMEN Dutton, Pebley, Schutte and Krein F CITY CLERK AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 24th day of Asst 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of August 19 65 DENE M. WILLIAMS, CITY CLERK B /7 De u t CITY CLERK OF THE CITY OF ANAHEIM