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66-719A 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 QQ FOLLOWING PUBLIC IMPROVEMENT, TO WIT: A ND ivi IN HE ANA JOB NO. 413 -B. RESOLUTION NO, 66R -719 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 24th and 31st da s of March 66 a notice inviting sealed pro- posals for furn�ii�iin theo� 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 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 Haster Street from Orangewood Avenue to approxi- mately 1365 feet south thereof, and the improvement of Orange- wood Avenue from Haster Street to approximately 665 feet east thereof, in the City of Anaheim, consisting of excava- tion, including haulaway, disposal and compacted embankment; con- struction of asphalt concrete pavement, aggregate base, P.C.C. curb and curb and gutter; P.C.C. cross gutter and spandrel; application of prime coat; installation of paddle boards; relocation of existing traffic signal; removal of existing highway facilities; adjustment of manholes and water valve boxes to grade; clearing and grubbing, and appurtenant work as more particularly set forth in the plans and specifica- tions on file in the Office of the City Clerk or City Engi- neer, Job No. 413 B. in accordance with the designs, plans, profiles and specifica- tions prepared by and the notice inviting sea e. proposa s, w c sal notice specified that sealed proposals as specified in said notice would be received up until 2 o'clock P.M. of the 7th day of April 1966 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 �I t WHEREAS, on April 7th 1966 at the hour of 2:00 o clock PJM0, the City Clerk and the City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of =11 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 manner, in strict accord nce 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, An -heim, 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 12th day of April 19 66 at the hour of 1:30.0 clock P.M., con- sider 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 ORVILLE E. HENDERSON 1905 East 17th Street, Santa Ana, California, for the construc- tion, installation and completion of said improvement of portions of Haster Street and n• enue 'n th. it f. t Job No. 413 -B, ere na ove m�entione•" n. escri.e• was lowest responsible proposal subf¢aitted therefor, and thereupon accepted said bid and did award a contract to said E for furnishing a p ant, .or, services, materials an equipment and all utili- ties and transportation, including power, fuel =nd water, and per- forming all work necessary to construct 'nd complete, in a good and workmanlike manner, 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 An heim to execute a con- tract for and on, behalf of the City of Anaheim with ORVILLE E. HENDERSON which said contract was l made and entered into on the 18th day of April 19 66 and WHEREAS, the said ORVILLE E. HENDERSON has urnis' e a part, a or, sery ces, materials and eau pment and all utilities and transportation, and performing all work necessary for the construction and completion, in 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 Works De•artment and the contract ma an entere• into wit? him 'y to C ty of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion oU 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 ORVILLE E. HENDERSON 4nd 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 1 the City Council of the City of Anaheim that all plant, labor .ervices, materials and equipment and all utilities and transportation, and the per- formance or 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 partinularly 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 pia o him thirty-five (35) days from and after final acceptance of 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 sqm or sums as may 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 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 lath__ day of November 1966 ->z/ RAYOR OF THE CITY ANAHEIM ATTEST: CI CL RK OF THE CIiiOrifTMM STATE OF CALIFORNIA COUNTY OF ORANGE s s CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R -719 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 15th day of November, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Pebley, and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -719 on the :15th day of November, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of November, 15, 1966. (SEAL) CITY 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 -719 duly passed and adopted by the Anaheim City Council on November 15, 1966.