70R-302
RESOLUTION NO.
70R- 302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FU~NISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND ~TER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING !PUBLIC IMPROVEMENT, TO WIT: THE
IMPROVEMENT OF CERRITOS AVENUE AND NINTH STREET
FROM APPROXIMATELY 160 FEET WEST OF NINTH STREET
TO APPROXI~TELY 1,378 FEET SOUTH OF CERRITOS
AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO.
584-A.
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 February 12, and February 19,
, 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 Cerritos Avenue
and Ninth Street from approximately 160 feet west of Ninth
Street to approximately 1,378 feet south of Cerritos Avenue,
in the City of Anaheim, consisting of excavation; construction
of asphalt concrete over aggregate base, asphalt concrete over
native soil and variable thickness asphalt concrete; construc-
tion of P.C.C. curb and gutter, curb, cross gutter, sidewalks
and driveways; construction catch basin, 18" R.C.P. junction
structure and reinforced concrete box culvert; removal of
highway facilities and concrete headwall; relocation of chain
link fence; adjustment to grade of manholes, cleanouts, water
valves and water meter box; and appurtenant work as more parti-
cularly set forth in the plans and specifications on file in
the Office of the City Clerk or City Engineer, Work Order No.
584-A.
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 26th day of
February , 19 10 ,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 _!,ebruary 26 ,19 _-1~, at the hour of
~ 2:00 o'clock P.M., the City Clerk and the C1ty 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
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 -3~
day of March ___, 19 70_, at the hour of __l~ o'clock
P.M., consider 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 that
the sealed proposal submitted by Handley Construct120 CQ~Q.at1Qn.
216 North Clara S~reet~ Santa Ana CalifQrnLa
rorthe constructron, ~nsfarratron~ completron of sara i.l:op~-
ment of Cerritos Avenue and Ninth Street ion tbtLCitJZ of !naheim
hereinabove mentioned
~described, wasithe-rDwest responsrbre proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said --____B~ng1e~_QQnst~t1Qn CQ~PQ~~tiaa-
for furn1sh1ng all plant, labor,
services, materrars 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 b~half of.the City of Anaheim with H~nd1ey Construction
Gorporat1on which said
contraetwasdufymade -an d-entered-rn to -on the:=-qtii day of
_Marc~_____, 19 70_; and
WHEREAS, the said ijQQdle~ CQnat~~tian~~oration
has furnished all plant, labor,
servICes; materfars-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 Public Works De~artment
, and the contractJmade an entered fnto
-----yo---------
with _1t____ by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the-constructfOn and completron of sara
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 Hanq1e~_~~~tL~_____
_~oration ; 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, THEREFORE, 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 it thirty-five (35) days
from and after final acceptance or-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.
this
THE FOREGOING RESOLUTION is approved and signed by me
16th day of ____~.!1ne_____, 19 ~_.
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c{,ti4/?/d~~~~~"
MAYO~OF THE CITY OF ANAHE
Pro-Tern
I
ATTEST:
b" ~ - <-7~-
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CI Y CLERK OF ~TY OF
ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
-,
I, DENE M. W~LLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 70R-302 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: COUNC1LMEN: Stephenson, Thom and Pebley
NOES: COUNC1LMEN: None
ABSENT: COUNCILMEN: Clark and Dutton
AND I FURTHEt CERTIFY that the Mayor Pro-Tem of the City
of Anaheim approved an4 signed said Resolution No. 70R-302 on the
16th day of June, 1970.
IN WITNESS ~EREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 16th day of June, 1970.
~?~)( M~~.-/
CITY 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-302 duly passed and adopted by the Anaheim City Council on
June 16, 1970.
~).( ~-'
City Clerk