70R-304
RESOLUTION NO.
70R- 304
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'A RESOLUTI~N OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FU~NISHING OF ALL PLANT, LABOR,
SERVICES, ~TERIALS AND EQUIPMENT AND ALL
UTILITIES ~ND TRANSPORTATION INCLUDING POWER,
FUEL AND W~TER, AND THE PERFORMANCE OF ALL
WORK NECES$ARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING fUBLIC IMPROVEMENT, TO WIT: THE
IMPROVEMENT OF BALL ROAD FROM APPROXIMATELY 131
FEET WEST OW MAGNOLIA AVENUE TO APPROXIMATELY
263 FEET ~T THEREOF AND FROM APPROXIMATELY
1,593 FEET ~EST OF MAGNOLIA AVENUE TO MACDUFF
STREET, IN ['HE CITY OF ANAHEIM, WORK ORDER NO.
5S9-B.
WHEREAS, t~e City Council of the City of Anaheim did
cause to be publishe~ in a newspaper of general circulation,
printed, published a~d circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on February 19, and February 26,
, 19 70 ,a notice inviting sealed
proposals for furnisfuing the following:
All plant, labor, services, materials and equipment, and
all utilities an~ transportation, including power, fuel
and water, and p~rforming 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 Ball Road from
approximately 131 feet west of Magnolia Avenue to approxi-
mately 263 feet west thereof and from approximately 1,593
feet west of Magnolia Avenue to MacDuff Street, in the City
of Anaheim, consisting of clearing and grubbing; excavation;
construction of asphalt concrete over aggregate base and
asphalt concrete berm; construction of P.C.C. curb and
gutter, sidewalks, driveways and cross gutter; remodeling
sprinkler system; 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.
5S9-B.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by ~e Department of Public Works
and the notice invitng sealed proposals, which said notice
specified that seale~ proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 5th day of
March , 19 70 ,and which said notice did state and
declare that, pursua~t 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 March 5 , 19 70 ,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 tne furnishing of all plant, labor, services,
materials and equiRment, and all utilities and transportation,
including power, f~el and water, and performing all work neces-
sary to construct ~nd 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, ~naheim, 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 10th
day of March , 19 70 , at the hour of o'cl~
P.M., consider the sealed proposals submitted for furnishing the
materials and perfo~ing the work hereinabove more particularly
described and set forth, and did thereupon find and determine that
the sealed proposal submitted bY---~~d~rl Construction Co~oration,
216 North Clara StreetL Santa Ana a omra
ror-the constructi'on, 1nstalIat10n ~ compIe€Ton orsarcr iDiprove-
ment of Ball Road in the City of Anaheim
hereinabove mentioned
ana-described, was-rKe-rowesr-responsrore proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said Hand~ey C~~tion Co~or~tion
for furn1shlng all plant, labor,
services,In.aterrars and equipment 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 -Handley CQQst~~tion
-C~~OIL.-___________ __ which said
contract was duly made and entered into on the _--1~_ day of
___~_, 19 _1(L; and
WHEREAS, the said h~1~gi~~~t~rt~~n~~~;~0t\
servICes, materi'aIs'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 DenarbDent Qf ~~b11~Qrk~
, and the conEr.act made an entered 1nto
with _-1~_=-by theCity of Anaheim; and
WHEREAS, the Direc.t~-'lf-EuhliC-W~s.._ r-
has duly certified to the construct10n ana-compIet10n or SalQ
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 aandle~Cana~tian_____
--(~Qrporation_____________________________________; 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 dqcuments, and that notice of completion should
be filed and payme~t 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 qll utilities and transportation, and the
performance of all1work 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 appurtenarlces thereto, said public improvement herein-
above more particularly described and set forth, in the City of
Anaheim, by said cdntractor, 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 it thirty-five (35) days
from and after final acceptance of-sar~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 16th day of __~une______, 19-IU_.
&J/~
MAYOR/OF THE CITY OF
Pro-Tern
ATTEST:
~;
. __- l.1~' .~
. CL~ OF THE ~ OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
ss.
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I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 70R-304 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 16th day of June, 1970,
by the fOllowing vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Thorn and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Clark and Dutton
AND I FURTHtR CERTIFY that the Mayor Pro-Tem of the City
of Anaheim approved a.d signed said Resolution No. 70R-304 on the
16th day of June, 197~.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 16th day of June, 1970.
~
i ~ )J(. )X~.-r~~
'ITY 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-304 duly passed and adopted by the Anaheim City Council on
June 16, 1970.
iL~)1t. ~..~
City Clerk