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66-274RESOLUTION NO. 66R 274 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: u1 ;•u EASTER STREET TO APPROXIMATELY 1350 FEET LhST OF LEWIS STREET. Ili[ THE CITY OF ANAHEIM, 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 Decexpber 30 1965 and 6 19 66 a notice inviting sealed pro posa s or urnis Ong 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 Katella Avenue, from Raster Street to approximately 1350 feet east of Lewis Street, in the City of Anaheim, consisting of exca- vation, including compacted embankment and haulaway; construction of asphalt concrete pavement, aggregate base, P.C.C. curb and curb and gutter, P.C.C. spandrel and cross gutter, traffic signals and safety lighting, P.C.C. steps; adjustment of water valve boxes to grade; furnishing and installation of paddle boards, and appur- tenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Project SS No. 304 -A Unit 2. (Deletion of Item No. 11, Traffic Signals and Safety Lighting, Change Order No. 1, authorized February 1, 1966.) 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 13th day of January 19 66 7 FEU 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 Janua 13 19 66 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, Californi and the City Engineer did tabulate the result of said sealed proposals and did make a re- port to the City Council at its regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 25th day of January 19 66 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 sub itted by ORVILLE E. HENDERSON 1905 East 17th Street, Santa Ana, California, or t e construc- tion, inst,- llation and completion of said improvement of Katella Avenue in the Cit •f Anahe'm Pro'ect SS No. 304 -A Unit 2 ere na'°ve ment one an escri•e., was e lowest responsible propos, -1 sadbThltted therefor, and thereupon accepted said bid and did award a contract to said ORVILLE E. HENDERSON for furnishing all plant, labor, services, materi =ls 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 An helm to execute a con tr:ct for and on behalf of the City of Anaheim with ORVILLE E. HENDERSON which said contract was du .y made and entered into on the 27th day of January 19 66 and WHEREAS, the said ORVILLE E. HENDERSON has furnished all plant, labor, services, 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 ma a an entere. into wit him y t e C ty of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with s. -id ORVILLE E. HENDERSON and 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 b 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 of all work necessary to construct, install and com plete, in a good and *orkmanlike manner, in strict accordance with the specificatiors, 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 partieularly 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 contr.4ct documents, and that the balance due said contractor for said work le paid to thirty-five (35) days from and after final acceptance of said work as evidenced by the adoption of this reolution, but not sooner than ttlirty (30) 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 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 FOREOOINC RESOLUTION is approved and signed by me this 12th day of April 19 66 AUK OF THE ITY OF HEIM 41111rr /4r ?OR OF THE CITY OkNAHEIM 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. 66R -274 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 12th day of April, 1966, 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. 66R -274 on the 12th day of April, 1966. IN WITNESS WHEREOF, I have hereunto set may hand and affixed the official seal of the City of Anaheim this 12th day of April, 1966. (SEAL) AYES: COUNCILMEN: Dutton, Pebley, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler CI 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 -274, duly passed and adopted by the Anaheim City Council on April 12th, 1966. City Clerk