70R-331
~SOLUTION NO.
70R- 331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ~INALLY ACCEPTING THE COMPLETION
AND THE FU~ISHING OF ALL PLANT, LABOR,
SERVICES, ~. TERIALS AND EQUIPMENT AND ALL
UTILITIES . D TRANSPORTATION INCLUDING POWER,
FUEL AND W~, ER, AND THE PERFORMANCE OF ALL
WORK NECESS~Y TO CONSTRUCT AND COMPLETE THE
FOLLOWING POBLIC IMPROVEMENT, TO WIT: THE SANTA
ANA CANYON f:IDAD-CRESCENT DRIVE SEWER IMPROVEMENT,
APPROXIMATELY 6 FEET EAST OF CERRO VISTA DRIVE TO
APPROXIMATELY 300 FEET EAST OF PERALTA HILLS DRIVE,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 1220.
WHEREAS, th~ 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 January 8 an~ Jan~ary 15.
, 19 ~ ' a not'ice 1nvi t1ng sealed
proposals for furnishing the fo lowing:
All plant, labor, services, materials and equipment, and
all utilities and transportation, including power, fuel
and water, and pe~forrning 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 Santa Ana Canyon Road-Crescent
Drive sewer improvement, from approximately 6 feet east
of Cerro vista Drive to approximately 300 feet east of
Peralta Hills Drive, in the City of Anaheim, consisting
of construction of approximately 3738 lineal feet of 811
V.C.P. including manholes, excavation, backfill and com-
paction 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. 1220.
in accordance with the designs, plans, profiles and specifica-
tions prepared by ~e 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 22nd day of
January , 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 January 22 , 191~_, at the hour of
2:00 o'clock P.~., 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 a~d 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 _~~
day of _--l'anuaE..Y.-+__' 19]~_, at the hour of 1:30 o'clock
P.M., consider the sealed proposals submitted for furnishing the
materials and perfo~ming the work hereinabove more particularly
described and set forth, and did thereupon find and determine that
the sealed proposal submitted by__~rcur~ompany~ 2737 North
Mountain View Ro~gJ El Monte California
for the construcITon;-1n'sfaI'laffon ana compIe tfon orsard
Santa Ana Canyon Ro~d - Crescent Drive Sewer ImprEvement,
Work Order No. 1220 hereinabove mentioned
~described, was~he lowest responsfbre proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said ___Merc.1Y'.Y_~.Qmpa.D.Y ,....-.-.-
for furn1sh1ng all plant, labor,
s-ervrces;lffiaterials ana-eqUfpment 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 Mercpry Company
which said
contractwas duIY--m;ae-and-enteredinto-on the_29th _ day of
_~anua..!'..Y-__, 19 _1..9_; and
WHEREAS, the said Mercury Company
has furnfshed all plant, labor,
servfCes; materrars-an~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 maae and entered fnto
wit~_ it __ by-fhe~ity of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to theconstructIOn and completfon-orsafcI--
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 __Me~cu~y_~ompany___________
; 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 do~uments, and that notice of completion should
be filed and payment of the balance due said contractor authorized
in accordance with the contract documents.
NOW, THE~FORE, 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, neverthele$s, to all the terms, conditions and provisions
of the contract documents, and that the balance due said con-
tractor for said work be paid to it thirty-five (35) days
from and after final acceptance of-sai~work as evidenced by the
adoption of this re$olution, but not sooner than thirty (30) days
after the date of the filing of notice of completion, excepting
only such sum or s~s 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 o~ 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 ~JlL day of __JuE~________' 19~_
n~? /Jf~ "~SL~-_-
~E CITY OF ANAHEIM
ATTEST:
~
i _~~' ____
CIT CLERK OF TH~~~~AHEIM
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ANAHEIM )
ss.
--......,~
I, DENE M~ WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that !the foregoing Resolution No. 70R-331 was intro-
duced and adopted a~ a regular meeting provided by law, of the City
Council of the City!of Anaheim, held on the 30th day of June, 1970,
by the following vo~e of the members thereof:
AYES: COltNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton
NOES: CO$CILMEN: None
ABSENT: COQNCILMEN: None
AND I FUR~HER CERTIFY that the Mayor of the City of Anaheim
approved and signed !said Resolution No. 70R-331 on the 30th day of
June, 1970.
IN WITNES~ WHEREOF, I have hereunto set my hand and affixed
the official seal o:a the City of Anaheim this 30th day of June" 1970.
~ ~, ~-~~
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that ~he foregoing is the original of Resolution No.
70R-331 duly passed ~nd adopted by the Anaheim City Council on June
30, 1970. Q
/ t'?L- # )y-;-;/~~
,
City Clerk