1962-0377RESOLUTION N0.62R -377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND
THE FURNISHING OF 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 THE FOLLOWING PUBLIC IMPROVEMENT,
TO WIT: THE MAGNOLIA AVENUE STREET IMPROVEMENT.
FROM CRESCENT AVENUE TO LINCO V NUE, IN THE
CITY OF ANAHEIM. PROJECT NO. 9 U.
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_ Oth day of June and 7th daw of July 9
19 61 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 Magnolia Avenue Street Improve-
ment, from Crescent Avenue to Lincoln Avenue, in the
City of Anaheim, consisting of excavation, removal, back
fill and haulaway, construction of 3 -inch A.C. pavement
over 6 inches of aggregate base, Portland Cement Concrete
curb, gutter, sidewalk, catch basins, 24 -inch Reinforced
Concrete Pipe, junction structures and appurtenant work
as more particularly set forth in the plans and specifi-
cations on file in the Office of the City Clerk or City
Engineer, Project No. 98;
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department 9
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 ooclock P. M. of the 13th day
of July 9 19 61 9 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
ascertained the prevailing rate of wages for each type of labor
needed to execute said contract and did set forth the prevailing
hourly wage scale so ascertained; and
WHEREAS, on July 13 19 61 9 at the hour
of 2 :00 ooclock P. M., the City Clerk and City Engineer of
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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 parti-
cularly described and set forth, in public, i.rn 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 18th
day of July 9 19 61 9 at the hour of .3:0U
ovclock P. M,, consider the sealed proposals submitted for fur
nishing 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 NORWALK ASPHALTIC
CONCRETE, INC., 12138 Bloomfield, Santa Fe,Springs, California
for the construction, installation and completion of said
Magnolia Avenue Street Improvement, Project No. 98,
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepter' said bid and
did award a contract to said NORWALK ASPHALTIC CONCRETE, INC.
for furnishing ll plant, labor, s ervices
9 P 9 9 ,.mater fad and equip-
ment 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, 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 NORWALK ASPHALTIC CONCRETE, INC.
which said contract was duly made and entered into on the 20th
day of July 19 61 anc.
WHEREAS, the said NORWALK ASPHALTIC _CONCRETE, INC.
has furnished all plant, labor, ser-
vices, materials and equipment and all utilities and transportation,
and performed all work necessary for the construction and completion,
in a good and workmanlike manner, in strict accordance with the
specifications, plans, drawings of said public improvement as
specified in the notice inviting sealed proposals any in the
detailed designs, plans, drawings, and spet,Alications prepared
by the Public Works Department 9 and the contract made and
entered into with it by the City of Anaheim; and
WHEREAS, the Director of Public Works haE duly
certified to the construction and completion of said public im-
provement hereinabove mentioned and described, in accordance with
the plans and specifications and the contract documents duly made
and entered into with said NORWALK ASPHALTIC,CONCRETE INC.
and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particularly
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 accord-
ance with the contract documents,
NOW THEREFORE, BE IT RESOLVED by th City Council of
the City of Anaheim that all plant labor° services materials
and equipment and all utilities and transportation, and the per
formance of all work necessary to construct install 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 together with the
appurte.•ances thereto said public improvement hereinabove 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 contractor for
said work be paid to it thirty -five (35) days from and after
final acceptance of said work as evidenc: =:d 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 acceptan ::e by the con-
tractor 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 employee,, 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 employees 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 her by uthorized to execute
and file a notice of completion of said work as required by law,
THE FOREGOING RESOLUTION is a• +r°oved and signed by me this
24th day of April
ATTEST:
(SEAL)
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss,
CITY OF ANAHEIM
1 DENE M. WILLIAMS 9 City Clerk of the City
of Anaheim do hereby certi y that the foregoing resolution was
introduced and adopted at a regular meeting pro-
vided by law of the City Counci of the ity of Anaheim held on the
24th day of April 9 19 62, by the following vote:
AYES: COUNCILMEN: Chandler, Dutton, Krein, Schutte and Coons.
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 2)tth day of
April 19joa=0
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the Cit f Anaheim this 2® day
ir
of A i 1 a 19 62 0 0
CITY bLERK 0k T CITY OF ANAHEIM