72R-377
RESOLUTION NO. 72R-377
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLlNT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTILI-
TIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND C~MPLETE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
THE SUNKIST STREET, CERRITOS AVENUE, HOWELL
AVENUE STREET AND STORM DRAIN IMPROVEMENT, IN
THE CITY 01' ANAHEIM, WORK ORDER NO. 622-B.
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 tbe City of Anaheim, to
wit: The Anaheim BUlletin, on Marc:h 30 and
April 6 , 19 72 , a not~ce inviting sealed pro-
posals 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 Sunkist Street, Cerritos Avenue, Howell Avenue street and
storm drain improvement, in the City of Anaheim. Sunkist
Street, from 200 feet north of Ball Road to Howell Avenue;
Cerritos Avenue, from 475 feet east of Sunkist Street to State
College Boulevard; Howell Avenue, from 140 feet east of to
435 feet west of Sunkist Street, consisting of clearing and
grubbing; excavation and compacted embankment; construction of
storm drain systems consisting of 18" to 42" R.C.P., catch
basins, junction structures, manholes, trapezoidal earth chan-
nel, headwalls and grouted riprap; construction of asphalt
concrete pavement over aggregate base or asphalt concrete over
native soil, placement of variable thickness asphalt concrete
and asphalt concrete over native soil; construction of P.C.C.
curb, curb and gutter, driveway approach, cross gutter and
spandrel; installation of traffic signals; relocation of
irrigation facilities; 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. 622-B.
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 13th day of
April , 19 72 , 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 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 April 13 , 19 72 , 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 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, .1n a good and workmanlike manner,
in strict accordance with the specifications, plans and drawings
therefor on file 1n 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 18th
day of A~ril , 19 72 , at the hour of 1:30 o'clock
P.M., consi er 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 Kelly-Corkill Contractors,
Inc., P.O. BOx 61, Placentia, California 92670
tor the construction, installation and completion of sa1d
Sunkist Street, Cerrito. Avenue, Howell Avenue storm drain
1mprovement, Work Order No. b~~-B hereinabove mentioned
and described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said Kelly-Corkill Contractors, Inc.
for furnishing all plant, labor,
services, materials 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 Kelly-Corkill Contractors,
Inc. which sa1d
contract was duly made and entered into on the 20th day of
April , 1911--; and
Kelly-Corkill Contractors, Inc.
has furnished all plant, labor,
services, materials and equipment 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 made and entered into
with it by the City of Anaheim; and
WHEREAS, the said
WHEREAS, the Director of Public Works
has duly certified to the construction and complet1on of said
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 Kelly-Corkill Contractors,
Inc. ; 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 of said work as evidenced by the
adoption of this resolution, but not sooner than thi~ty (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 Uhat 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 29th day of August , 19~.
ATTEST:
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CI ~RK. OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim, ~,
do hereby certify that the foregoing Resolution No. 72R-377 was
passed and adopted at a regular meeting of the City Council held
on the 29th day of August , 19 -E-, by the following
vote of the members thereof:
AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thorn and
Dutton
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 29th day of
August , 1923._
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 29th day of
".U", , 19 72 ~ ~,L
CIT CLE OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 72R-377 duly
passed and adopted by the Anaheim City Council on August 29, 1972.
Jl-,-)x~
City Clerk
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