70R-608
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RESOLUTION NO.
70R-608
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A RESOLUTIQN OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FU~ISHING OF ALL PLANT, LABOR,
SERVICES, ~TERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECES$ARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE
IJYIPROVENEN'U:' OF NUTWOOD STREET. FROM APPROXI-
MATELY l30P FEET SOUTH OF CERRITOS AVENUE TO APPROXI-
MATELY 1500 FEET SOUTH THEREOF. IN THE CITY OF
ANAHEIN. WORK ORDER NO. 573.
WHEREAS, tne City Council of the City of Anaheim did
cause to be publishe~ in a newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on April 23rd and April 30th
, 19 70 , 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 improvement of Nutwood Street,
from approximately 1300 feet south of Cerritos Avenue
to approximately 1500 feet south thereof, in the City
of Anill1eim, consisting of clearing and grubbing; excavation;
compacted import borrow; construction of asphalt con-
crete over aggregate base and variable thickness asphalt
concrete, construction of P.C.C. curb and gutter, sidewalk
and drivev(lay approach, and all appurtenant work as more
particularly set forth in the plans and specifications
on file in the Office of the City Clerk or the City Engineer,
Work Order No. 573.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Department of Public Works
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 7th day of
May , 19 70 , 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
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WHEREAS, on MayL____' 19 _ZQ._, at the hour of
2:00 o'clock P.M., the City Clerk and the City Engineer of
the City of Anahei~ 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
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
report 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 l,~_
day of May , 19 70, at the hour of 1:30 o'clock
P.M., consider the sealed proposals submitted for-furnishing the
materials and perfprming the work hereinabove more particularly
described and set forth, and did thereupon find and determine that
the sealed proposal submitted by UNIVERSAL ASPH~T ~L' 1NCL-____
10226 Greenleaf Santa Fe ~ri~~Calif.
for the construcITbn, 1n'sraIra:ITon anacompret.fon-orsa.fcI-~~
ment of Nutwood St., Work Order No. 573
hereinabove mentioned
proposal submitted
and did award a contract
ana-described, was the rowest responsDbre
therefor, and thereupon accepted said bid
to said Universal Asphalt Co., Inc.
-------------------lor furn.fsh.fng all plant, labor,
services, mater.faIs ana-equrpment and all utilities and transpor-
tation, 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, the said 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 contract for and
on behalf of the City of Anaheim with JIrdypr~~l A~phakt- ..
Co. Inc. w 1ch Sa1Q
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contract was duly made and entered into on the 13th day of
May , 19..1JL_; and
WHEREAS, the said Pl\i,y~~al Asf~l t- ~S: ' In}
has rurnfshe all pant, abor,
serv.fces, mater.faIs ana-equrpment and all utilities and trans-
portation, and performed 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 detailed designs, plans, drawings, and
specifications prepared by the Department of Public Works
, and the contract made and entered into
with _~__ by the City of Anaheim; and
WHEREAS, the --1?irec.tQ..r....,o.f l'nbJj c Wnrk" ~
has duly certified to the construct1on an complet1on of sa1d
public improvement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said Universal~CO~~
Inc. ; and
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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, TH~REFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, and the
performance of 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 con-
tractor for said work be paid to _~__ thirty-five (35) days
from and after final acceptance of said work 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 sum or sums as may lawfully be withheld in accordance
with the provisions of said contract and contract documents.
That acceptance by the contractor of said payments made in accord-
ance 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 em-
ployees, excepting only claims against the City for amounts with-
held 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 ~tlL day of __~..c~.mb.e.r ' 19..lJL_.
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ATTEST:
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CI Y CLERK OF ~TY OF
ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF ANAHEIM )
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I, DENE M. WIL~IAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 70R-608 was
passed and adopted at a ------ regular meeting of the City
Council held on the 29th, day of December , 1970 , by the following
vote of the members thereof: ---
AYES:
COUNCILMEN: Clark, Stephenson, Pebley, Thorn and Dutton
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 29th day of December
1970 .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 29th day of December , 1970 .
~ Iff. 7J~~~
CIT CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No. 70R-608
duly passed and adopted by the Anaheim City Council on December 29, 1970.
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City Clerk