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1965-606RESOLUTION NO. 65R 606 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 BLUE GUM STREET (RELOCATED) SEWER IMPROVE- MENT, FROM APPROXIMATELY 322 FEET SOUTH OF THE CENTER LINE OF CORONADO STREET TO APPROXIMATELY 22 FEET SOUTH OF THE CENTER LINE OF LA PALMA AVENUE (RELOCATED) IN THE CITY OF ANAHEIM,,,_„ JOB NO. 1306. 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 A ril 19 65 a notice inviting sealed proposals or 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 Blue Gum Street (relocated) Sewer Improvement, in Blue Gum Street (relocated) from approximately 322 feet south of the center line of Coronado Street to approximately 22 feet south of the center line of La Palma Avenue (relocated), in the City of Anaheim, consisting of the construction of 8 and 12 -inch V.C.P. sewer line, including trenching, backfill and flood- ing, construction of stubs, wyes, plugs, increasers and manholes, resurfacing with 3 inches of asphaltic concrete, removal of orange trees, removal and replacement of barri- cade, 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. 1306. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment y 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 A ril 19 65 and which said notice did state and ec are t at, 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 22 19 65 at the hour of 2:00 o'clock PM., e C t ity C er 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 power, fuel and water, and performing all work neces- sary to construct and complete, in a good and workmanlike manter, 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, Cit Ccuacil of the City of Anaheim did, at its next regular meeting, held on the 27th day of A ril 19 65 at the hour of _1:30 o'cTock P.M., con- si er t e sealed proposals submitted for the materials and performing the work hereinabcve mcre particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by E. L. SELLARS COMPANY, 1542 Cris Place, aheim California for the construction, insta ation an comp etion or sead Blue Gum Street (relocated) Sewer Im rovement, in the City of AddEelm, No. 1306 ereinabove mentioned and described, was the owest respOTORe pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to E. L. SELLARS COMPANY fcr urnishing7=TUFITTUTor, ser- vices, materia s and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete, in good and workmanlike manner, in strict accordance with the specifications, plans and drawings, the said public improvement as speaified in said notice inviting sealed proposals, anc did authcrize 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 E. L. SELLARS COMPANY TTE7 contr.act was daTTE117nd entered into on the 30th day cf 122111._____ 19 65 and WERFAS, the said E. L. SELLARS COMPANY has Eurnished all plant,- vices, maeerilTand equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workm&nlike manLer, 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 made aE2 entered into witn it y t e ity o Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion said p1 improve- ment hereinabove mentioned and desc/ibed, in accordance with the plans and specifications and the contract documents duly made and entered into with said E. L. SELLARS COMPANY and -2- 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 the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, servicee, ne riaLe and equipment and all utilities and transportation, ant ehe per formance of 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 Offir�: of the City Clerk of the City of Anaheim, together with ehe appurtenances thereto,, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, b;; said contractor, be, and the same are hereby accepted subj et, nevertheless, to all the terms, conditions and prpvisi.ons of the contract documents, and that the balance due said contractor for said work be paid to it thirty -five (35; days Erom and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty (3 0) days .after the date of the filing of notice of completion, excepting only ssh sum or sums 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 saiA 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 {ayor and the City Cleri of the City of Anaheim be, and they are hereby anthori2ed to execute and file a notice of completion of said work as vee,inired by law, THE FOREGOING RESOLUTION is approved and sigr.� d by this 10th day of Au:ust 19 ATTEST 1 C Y CLERK OF THE CITY OF ANAHEIM ADOPTED BY THE ANAHEIM CITY COUNCIL ON 0 T /0- L STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certi.y t at t oregoing resolution was intro- duced and adopted at a regular meetirg provided by law of th City Council of the City of Anaheim, held on the 10th_ day of August 19 65 AYES o COUNCILMEN COUNCILMEINL Dutton, Pebley, Schutte, Chandler and Krein NOES COUNCILMEN None ABSENT o COUNCILMEN None FAVOR OFTHECI:.YC I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM, DO HEREBY CERTIFY THAT THE FOREGOING IS THE ORIGIN- AL OF RESOLUTION NO. tea JJf l L� (-2 DULY PASSED AND CITY CLERK AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of __Au ug st 19 65 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 (SEAL) CI' :y CLERK OF THE CITY !F ANAHEIM