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1965-965RESOLUTION NO. 65R 965 A RESOLUTION OF THE CITY COUNCIL OF T OF ANAHEIM FINALLY ACCEPTING THE COMPL AND THE FURNISHING OF ALL PLANT, LABOR SERVICES, MATERIALS AND EQUIPMENT AND UTILITIES AND TRANSPORTATION INCLUDING FUEL AND WATER, AND THE PERFORMANCE OF WORK NECESSARY TO CONSTRUCT AND COMPLE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: KATELLA AVENUE SEWER IMPROVEMENT, FRO APPROXIMATELY 970 FEET EAST OF THE CEN LINE OF WEST STREET TO AFRO FEET EAST OF THE CENTER LINE OF WEST IN THE CITY OF ANAHEIM, JOB NO. 1295. WHEREAS, the City Council of the City cause to be published in a newspaper of general printed, published and circulated in the City of wit: The Anaheim Bulletin, on the 7th and 14t of October 19 65 a notice inviting sea for furnishing the flowing: All plant, labor, services, materials and eq and all utilities and transportation, includ fuel and water, and performing all work nece construct and complete in a good and workman in strict accordance with the specifications and drawings therefor on file in the Office Engineer or City Clerk of the City of Anahei following public improvement to wit: The Ka Sewer Improvement, consisting of the constru 8 -inch V.C.P. sewer line in Katella Avenue, approximately 970 feet east of the center li Street to approximately 1524 feet east of th line of West Street, in the City of Anaheim, construction of 4 and 5 -foot I.D. manholes, and replacing Type "D" curb, tight sheeting resurfacing, and appurtenant work as more pa set forth in the plans and specifications on the Office of the City Clerk or City Enginee No. 1295. in accordance with the designs, plans, profiles tions prepared by the Public Works Department and the notice inviting sealed proposals, which specified that sealed proposals as specified in be received up until 2:00 o'clock P.M. of the October 19 65 which said notice d declare that, pursuant to the provisions of Sect' Labor Code, the City Council of the City of Anah tained the prevailing rate of wages for each typ to execute said contract, and did state that the wage scale so ascertained was on file in the Off' Clerk; and CITY TION LL POWER, ALL E THE THE R ET f Anaheim did irculation, Anaheim, to days ed proposals ipment, ng power, sary to ike manner, plans f the City the ella Avenue tion of an rom e of West center including emoving nd A.C. ticularly file in Job nd specifica- aid notice aid notice would 21st day of d state and on 1770 of the im had ascer- of labor needed prevailing hourly ce of the City WHEREAS, on October 21 19 65 at the hour of 2:00 o'clock P.M., the City Clerk and ty Engineer of -1- 9 the City of Anaheim did open said sealed proposals to that time for the furnishing of all plant, labor materials and equipment, and all utilities and trap including power, fuel and water, and performing all sary to construct and complete, in a good and workm in strict accordance with the specifications, plans therefor on file in the Office of the City Clerk of Anaheim, the public improvement hereinabove more pa scribed and set forth, in public, in the City Counc the City Hall, An helm, California, and the City En tabulate the result of said sealed proposals and di port to the City Council at its next reg and WHEREAS, the City Council of the City of A aheim did, at its next regular meeting, held on the 6th day of October 19 65 at the hour of 1:30.0 clot P.M., con si er the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particular y described and set forth, and did thereupon find and determine that the sealed proposal submitted by E L. SELLARS CO., 1542 Cris Place, Anaheim, California, for the construc- tion, installation and completion of said Ratella Avenue Sewer ement in the C a eim Job No. 1295 eseri•e.. was t e t! erne ina ove m�ent ione •i n owes responsi1proposal submitted therefor, and accepted said bid and did award a contract t. said E. L. SELLARS CO. aTI services, materials and equipment ties and transportation, including power, fuel and forming all work necessary to construct end complet and workmanlike manner, in strict accorthnce with t tions, plans and drawings, the said public improvem in said notice inviting sealed proposals, and did Mayor and the City Clerk of the City of Ane.heim to tr =ct for and on behalf of the City of Anaheim with E. L. SELLARS CO. contract was duly made and entered into on the October 19 65 and W has urnis e• SE ''S C WHEREAS, the s id E a.. pant, materi ls =nd equipment and all utilities and trans performing all work necessary for the construction in a good and workmanlike manner, in strict accorda specifications, plans and drawings of said public i specified in the notice inviting sealed proposals a tailed designs, plans, drawings, and specifications the Public Works De•artment and ma •e an entere• into wit it +y t e C ty of WHEREAS, the Director ofPubl duly certified to the construction an comp etion o improvement hereinabove mentioned and described, in with the plans and specifications and the contract made and entered into with said E L. SELLARS CO c r s eceived up services, portation, work neces- nlike manner, and drawings the City of titularly de- 1 Chamber in ineer did make a re- lar meeting; thereupon r urnis ing and all utili= at r and per- in a good e specifica- nt as specified thorize the xecute a con- which said day of or, sery ces, ortation, and nd completion, ce with the provemennt as d in the de- prepared by the contract aheim; and has sal public accordance documents duly WHEREAS, the City Council finds that said contr -ctor has completed said public improvement hereinabove More particu- larly described in accordance with the provisions 0 the contract and the contract documents, nd 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 by the C ty Council of the City of Anaheim that all plant, labor „service materials and equipment and all utilities and transportatio and the per- formance of all work necessary to construct, ita 11 and com- plete, in a good and workmanlike manner, in stric accordance with the specifications, plans and drawings there or 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 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 comtrwt documents, and that the balance due said contractor for said work )e pz1.n tc it thirty -five (5) days from and after final acceptance of s wyork as evidenced the adoption of this resolution, but not sooner than thirty (3 y days after the date of the filing of notice of completion, excep ing only such sum or sums as ally lawfully be withheld in accord nce with the provisions of said contract and contract document That accept- ance by the contractor of said payments made in a cordance with said final estimate shall operate and shall be a elease to the City of Anaheim, its officers, agents and employe s from all claims and liabilities due the contractor for any hing 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 amount§ withheld by the City at the time of such payment.. AND BE IT FURTHER RESOLVED that the Ma or and the City Clerk of the City of Anaheim be, and they are herby authorized to execute and file a notice of completion of said work as required by lair THE FOREGOING RESOLUTION is approved and signed by me this 28th day of December 19 65 CLERK OF THE CITY OF HEIM YOR OF THE CITY OF 'NAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 65R -965 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of December, 1965, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R -965 on the 28th day of December, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of December, 1965. (SEAL) AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CIT 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. 65R -965 duly passed and adopted by the Anaheim City Council on December 28, 1965. CITY CLERK