1965-900A 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
NOHL CANYON ROAD SEWER IMPROVEMENT, FROM
THE RESERVOIR CONTROL HOUSE TO APPROXIMATELY
345 FEET WEST THEREOF, IN THE CITY OF ANAHEIM,
Kl K ORDEIrNO 1843.
RESOLUTION NO. 65R 900
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 8th and 15th days
of July 19 65 a notice inviting sealed proposals
for furnishing 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 Nohl Canyon
Road Sewer Improvement, consisting of the construction
of a 4 -inch and 6 -inch V.C.P. sewer line and a 4 -inch
V.C.P. cleanout in Nohl Canyon Road, from the Reservoir
Control House to approximately 345 feet west thereof,
in the City of Anaheim, including excavation, trenching,
backfill and flooding, resurfacing with 3 inches of A.C.
pavement, 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, Work Order
No. 1843.
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 2:00 o'clock P.M. of the 22nd day of
July 19 65 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
WHEREAS, on July 22 19 65 at the hour of
2:00 o'clock P.M., 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 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 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 de-
scribed 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, the City Council of the City of Anaheim did, at
its next regular meeting, held on the 27th day of
July 1965 at the hour of 1:30 .o 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 th -t the sealed
proposal submitted by D. M. SEWER CONTRACTORS 10041 Cutt Sark
Dri e Huntin•ton Beach California or t e construc-
etion o sal o Canyon Road Sewer
naheim Work Order No. 1843
ena.,ove;menti. one•' :n' •escri•e:, was t e
lowest responsiblepropos 1 sautTLtted therefor, and thereupon
accepted said bid and did award a contract to said D. M. SEWER
CONTRACTORS for furnishing
a p ant, a•or, services, mater a s and equipment and all utili-
ties and transportation, including power, fuel and water, and per-
forming all work necessary to construct and complete, in a good
and workmanlike manner, in strict accord =nce with the specifica-
tions, plans and drawings, the s id 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 a con-
tract for and on, behalf of the City of Anaheim with D. M.
SEWER CONTRACTORS which said
contract was duly hr and entered into on the 30th day of
July 19 65 and
WHEREAS, the said D. M. SEWER CONTRACTORS
has urnis e a p ant, a'•or, sery ces,
materials and equipment and all utilities and transportation, and
performing 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
the Public Works De.artment and the contract
m t e C t
ma •e an entere•� into wit: it Y Y of Anaheim; and
WHEREAS, the Director of Public Works has
duly certified to the construction and completion of said jublic
improvement hereinabove mentioned and described, in accordance
with the plans and specifications and the contract documents duly
made and entered into with s.. id D. M SEWER CONTRACTORS
Lion, intt
Im•rovement
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.
n
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor materials
and equipment and all utilities and transportation, and the per-
formance ot 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 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 )e priid to it thirty-five (35) days from and
after final acceptance of said work as evidenced by the adoption
of this reaolutfon, 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 7th dar of December 19 65
IN■alwx wa.smowommloo•ms
ATTEST:
CLERK OF THE ITY OF N HEIM
EP OF THE CITY OF :9THEIM
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 -900 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 7th 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 -900 on the
7th day of December, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 7th day
of December, 1965.
(SEAL)
AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
4;L -2�
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 -900 duly passed and adopted by the Anaheim City Council on
December 7, 1965.
CITY CLERK