59R-5669
RESOLUTION NO 0 _ 5nti2...
A RESOLUTION OF THE CITY COUNCIL or THE CITY OF
ANAHEIM FINALLY ACCEPTING THE OOMPLETION AND THE
FURNISHING OF ALl.. PLANT. LABOR, SE.RVICES~ :MA-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INCLUDING POWER., FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT. TO WIT:
l'JJE. HL2ROVEMENT OF WESTERN AVENUE. FROM 890
FE~T NORTH OF_BALL ROAD .TQ B~LL ROAD. PROJECT
!~Jl~~,2lJ,..._~.~~..~__ ___._
WHEREAS, the Oity Cou~c11 of the City of Anaheim did
Gause to De publloshed in a newspa.per or general oiroulation.
printed, publtsb.ed and circula.ted in the City of Anaheim. to wiU
The AnaheilIl Gazette,CJn the 16tlLand 23rd q,avs of Julv t
19.s2~~ a r;ctlce inv! tlng 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 Clerk or City Engineer of
the City of Anaheim, the following publiC improve-
ment, to wit: The Improvement of Western Avenue,
from 890 feet North of Ball Road to Ball Road, by
excavation, removal of existing material, construction
of 4-inch plant-mix surfacing, including paint binder
and weed killer, adjusting existing manholes to grade,
remodeling existing driveways, installation of paddle
boards, and appurtenant work as indicated on the plans,
Project No. 74;
in aocordance with the designs>>., plans>> profiles and IIIpeolflca.-
tiQns prepared by ~ Thornton ~. PiersaLl, City Enginee~
and the notice inviting sealed proposals~ which 8aid notioe .paoi-
fied that sealed proposals as speCified in said notice would be
reoei ved u.p until cc 2: 00 o' clock PoX. of the~)Oth day of'
Jul;! c. . ~. 19....2L~ and whioh said notice did state and
declare that, pursuant to the provisions of Seotion 1110 of the
Labor Gode" the Oi ty Council of the 01 ty of Anaheim had aso.rtain.d
the prevailing rate of wages for eaoh type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wag.
scale so ascertained; and .
WHEREAS, on JuLy ~O J) 19-51..... at the hour of
ololook P.M," the Oity Clerk and City Engineer of the
2:00
-1.."
City of Anaheim did open said sealed proposals received. up to that
time for tbe furnishing of all plant" labor" services, materials
and equipment, and all 1.ltil:i tIes and transportation9 lncludlng
power!1 fuel and wa tar J! and per formlng art work necessary to con,.
struct and complete, in a good andwor'kmanllke manner, in strict
accordance with the specLf:1(\at lons, plans and drawings therefor
on .file in the on: oe of the CHy Clerk of the City of Anaheim,
the public :improvement herelnabov,~ mere particularly described and
set forth: 111 public, the CIty Council Chamber i.n the City Hall,
Anaheim, CaLi.fornia, and the OIty Eng:l.neer did tabulate the result
'.If said sealed proposals and clid make a report to the City Council
at Hsnext ~_~J!Jijo_lJ,rn.~(L"":r'egJ:Lar meetlng; and
WHEREASp t;he Ctty Cou.ncil of the Clty of Anaheim did~ at
Its nexto~,.oa5ij.~~~o"~egular meeting. held on the 4th day
of. Au&usL~.~_~..~._.., 19~.i.__" at the hOllr of 2:00 o'clock P.M.,
consider the sealed proposal.s 8:J.bm:itted for furnishing the materi-
als and perf'ormi.r:g the work he:r'elnabovG more particularly described
and set forth, and dld there1ilpr)Jn f.tnd and determine that the sealed
proposal subml t ted bY_~HQ~WAL.K. ASPHALTIC CONCRETE. INC.. 12438
.B1oomfle1d. San~~ ~~ings~ Qa1ifornia.
for the ccmstruct:1on, installation and completion of said
ImnrQY-!:lment Q!~stern Ayenue....Proj~ct No. 7l4,
hereinabove mentioned and descri.bed, was the lowest responsible
proposal submltted therefor" and thereupon accepted said bid and
did award a contract to saId ..~.....J:i9Jt~~K ASPHALTIC CONCRETE. INC.
"""'-~=_~'-"=-==.-~""~-='=-"o_="'__==c'._'~~zc__~_-o._=_",__'r'''''-''''=-==._..==~~".'~'--~c'''.._".",,==~.=~.-=
for furnishIng all plant:! Labm"" ser''!ices, materials and equipment
and all util1.ties and transportation including power>> fuel and
water" and performing all. work necessary to construct and complete>>
in a good and workmanlike marmer, in strlc t accordance with the
speclflcatior.s, plans, and d.rawtngs, the sald public improvement as
specified In saldnotlce lrnrlt.!.ng sI."aied proposals>> and did author-
ize the Mayor and the City Clerk of the City of Anaheim to execute
a contraot for and (on behalf <of the Clty of Anaheim with
NORWALK AS.PHALTIC cON9~~~I~i2~!,~.,.
which said contract was duly made and entered into on the 5th
day of " 4),J,g]J:ili. ._~~~~~c,s 19,~~,. and
WHEREAS, the said ~.~....N9R_WALI\ A.~PHALTIC CONCRETEr IHC.
~_~-~~~'_~_.'_.~~_._'._'_.'._~~~~__.~~"~._~'_ has furnished all
plant, labor. services, materials and equipment and all utilities
and transportation, and performed all work necessary for the oon-
structicm and completion" in a good and workmanlike manner. in
striot accordance with the specifications. plans. drawings. of said
public improvement- as specifled the notice inviting sealed pro-
posals and!.!:! the deta.il. desIgn,. plans. profiles, drawings and
specifications prepared by~~:rtl().rn~on E. .J'iersall. City Engineer
, and the contraot made and entered
:l.nto~wm"::~_ i (::_~=="r;y~-the"'dTty cf Anaheim:; and
WHEREAS. the c~.._.cc._,~~"~ Cit;y Engineer_""._~_has duly
certified to the construction and completion of said pUblic improve-
ment here1nabove mentioned and. described, in accordance with the
plans and specificati.ons and the contract documents duly mao.e and
entered into with said~~._,~ .l'J:QB..I.i,A~.AS;t'HAl/I'IQ Q,OBQRETE, INQ..._,____
_.._.,_~..~"~.,.,', ... .,.,. 'c..,... ~ ..._~~c._. ...,..,_~_,._. .,~._~_~~..._.m__~; and
WHEREAS" the Oity COUOlCil. finds that said contractor has
completed said pUbllc improvement hereinabove more particularly de-
sorlbedtn accordance wlth the provisions of' the contraot and the
contract documents, and that notice of completion should be filed
and payment of the baJ.ance due satd contractor authorized in aocord-
ance with the contract doci.uuen ':;S 0
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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 complete, in a good
and workmanlike manner, in strict accordance with the speoifica-
tions, plans and drawings therefor on file in the Office of the City
Clerk of the City of Anaheim, together with the appurtenances
thereto" sald pUbllc improvement hereinabove more particularly de-
scribed 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 contractor for said work be paid to it
thirty-five (3.5) 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 com-
plet1on>> 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 accordance 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 any amounts
withheld 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 1st day of Deoember >> 19....52-,0
, I
(, .
. .
MAYOR Op'l
A~EST: -L / ~7 cr--;- .
~ //1. /p~.A~
CITY OLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGJi: ) SSe
CITY OF ANAHEIM )
I. DENE M. WILLIAMS , City Clerk of the City of
Anaheim. do hereby certify that the foregoing resolution was intro-
duced and adopted at a regular meeting provided by law
of the Oity Oouncil of the Oity of Anaheim>> held on the 1st day
of December , 19~, by the following vote:
AYES:
NOES:
OOUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte.
COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER OERTIFY that the Mayor of the Oity of
Anaheim approved and si~ned said resolution on the 1st day of
December >> 19 9 .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 1st day of
DAl'.Amher .. >>19...22.....
( SEAL )
L~
/ )X, ~~~~
CITY CLERK OF THE CITY OF ANAHEIM
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