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1965-609RESOLUTION NO 65R 609 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 IMPROVEMENT OF THE PIONEER COMMUNITY PARK SITE AT NORTHE ST CORNER OF SUNKIST STREET AND UNDERHILL AVENUE, IN THE CITY OF ANAHEIM, JOB NO. 893A. 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 15th and 22nd days of April 19 65 a notice inviting sea ed propose s or urnis ing 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 Improvement of the Pioneer Community Parksite, at the northeast corner of Sunkist Street and Underhill Avenue, in the City of Anaheim, consisting of excavation, and backfill; construction of Portland Cement Concrete sidewalks, 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. 893A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 00 o'clock P.M. of the 29th day of April 19 6 and which said notice did state and declare t �oot;'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 April 29 19 65 at the hour of 2:00 o'clock P.M., tF 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, including poer, 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, 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 net regular meeting; and WHEREAS, City Ccuncil of the CitF of Anaheim did, at its next regular meeting, held on the 4th day of May 19_65, at the hour of 1:30 o'cTock P.M., con- sider the sealed propcsala submitted fol 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 WETZEL WETZEL CEMENT CONTRS. 1419 East Keeg Wa Santa Ana or t e construction, installation and comp etion of said im rovement of Pioneer Communit Parksite N/E corner of Sunkist St.and Underhill Ave.,Job 893A hereinabove mentioned ana de the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to aLd WETZEL WETZEL CEMENT CONTRS fcr urnishing7LTTTUFITTTar, ser- and equipment and all utilities and transportation, fuel and water, and performing all work necessary zomplete, in 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 euthcrize 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 WETZEL WETZEL CEMENT CONTRS. ;EITTETilid contract was duty made and entered into Zri cf 19 65 and vices, materiaes including power, to construct and WHEREAS, the said WETZEL WETZEL CEMENT CONTRS. has furnished all plant, labor, ser- ies, 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 specifications, plans and drawings of said public improvement as specified in the notice inviting sealed prcposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works Department and the contract made enterer into witn them by of Anaheim and WHEREAS, the Director of Public Works has duly certified to the construction and completi6EM=FRY1EE improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said WETZEL WETZEL CEMENT CONTRS. 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 tne contract documents. -2- NOW, fHEREFORE, BE IT RESOLVED by the City Concil of the City of Anaheim that all plant, labor, serviee. n.ateriaie and equipment and all utilities and transportation, and the per formance of all work necessary to construct, instail and cote, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Offiee 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 Anahei, 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 flr 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 sech sum or 5us 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 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 Mayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 10th day of 19 65 ATTEST Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, DENS M. WILLIAMS City Clerk of the City of Anaheim, do E;;1337 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 _loth_ day of 1965. AYES COUNCILMEN Dutton, Pebley, Schutte, Chandler and Krein YOR OF THE Ct Y 0 ANAHTf NOES COUNCILMEN. None ABSENT COUNCILMEN None I,,ILENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM, 114) HEREBY CERTIFY THAT THE FOREGOING IS THE ORIGIN- AL OF RESOLUTION NO... k 6-, 7, DULY PASSED AND ACOPTED BY THE ANAHEIM CITY COUNCIL ON ii-Je CITY CLERK AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of utgLst_____, 1965 -3- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of August 19 65. CLERK OF THE CITY IF ANAHEIM