1973-371
RESOLUTION NO. 73R-371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIf1 FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND \'lATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE FERN STREET STREET IMPROVEMENT, FROM BALL
ROAD TO APPROXIMATELY 660 FEET SOUTH OF BALL
ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO.
67l-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 the 22nd dav of Februdry ~nd
the 1st day of March , 1973 , 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 Fern Street street improvement, from Ball Road to
approximately 660 feet south of Ball Road, in the City
of Anaheim, consisting of excavation; concrete removal,
construction of P.C.C. curb and gutter; construction
of asphalt concrete over native soil and variable
thickness asphalt concrete; adjust manhole to grade; 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. 67l-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Depart~ent .
and the notice inviting sealed proposals, wh1ch sa1d notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 orclock P.M. of the 8th day of
~.larch , 19 73 , 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 w~ges for each type of l~b<;>r needed
to execute said contract, and d1d state that the preva1l1ng hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on Ivlarch 8 , 1.9 73 , ,,:it the hour of
" 2: 00_ 0 I clock P. M, , -the CIty Clerk and t,he Cl t".y Engl.neer of
the CIty of Anaheim di"d open sa~d sealed proposals rece".ved .:tp
to that tlme for t~he furnishing of all plant, labor, Serv,l ces .
materials and equlpment, and all utIlIties and transportat 1 or, ,
including power, fuel and water, and performing all work neces-
sary to construct and complete, ,l.n a good and workmanlike manner.
ln strlct accordance wlth the specIfIcations, plans and drawings
therefor on flle ~n the Office of the City Clerk of the CIty of
Anaheim, the PUb1.1C .tmprovement herelnabove more particuVu'AY
described and set forth, in public, in the City CouncIl Chamber
in the City Hall, Anaheim, CaLifornia, and the City EngIneer d1d
tabulate the result of said sealed proposals and dId make a
report to the City Council at its next - - - - - - - regular
meeting; and
WHEREAS, the Cl,ty Council of the City of Anaheim did,
at its next - - - - - - - regular rneetJ.ng, held on the 13th
day of IVl.arch , 1973 , at the hour of 1:30 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 ~y EL ~AMIN? CONTRACTING COMPANY,
P.O. Box 1416, Huntlngton Beacn, Callfornla
for the construction, J.nstallation and completion of sald Fern St.
street improvement, from Ball Rd. to a rox. 660 ft. S. of Ball Rd.,
Tn e Clty 0 Ananelm, ~'l. O. No. 67l-A. ereinabove mentIoned
arid described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said EL CM1INOCONTRACTING COMPANY
for furnishlng all plant, labor,
servlces, 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 not~ce
inviting sealed proposals, and did authorlze 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 EL C1U1INO CONTRACTING
CO~WANY which sa~d
contract was duly made and entered into on the 19th day of
March, 1911--; and
WHEREAS, the said EL C~~INO 9~TRACTING COMPANY
has furnls ed al plant, labor,
serv~ces, materlals 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 Public Works
Department , and the contract made and entered lnto
w~th it by the City of Anaheim; and
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WHEREAS, the Director of Public Works
has duly certified to the construction and completlon of sa~d
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 EL CAMINO CONTRACTING CQ!~Y
. ; 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 prov1sions of the contract
and the contract documents, and that not1ce of completion should
be filed and payment of the balance due said contractor author~zed
in accordance with the contract documents.
NOW, THEREFORE, BE IT RESOLVED by the C1ty Council of
the City of Anaheim that all plant, labor, services, materia15
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 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 vitn
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED bhat the Mayor a~d the C1ty
Clerk of the city of Anaheim be, and they are hereby authorized
to execute and file a notice of completion of said work as
requ1red by law.
THE FOREGOING RESOLUTION is approved and signed by me
thlS 28th day of Auqust, 1911--.
ATTEST:
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THE CITY OF ANAHEIM
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STATE OF CALIFOro~IA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-37l was
passed and adopted at a regular meeting of the City Council held
on the 28th day of August , 19 -1.l, by the following
vote of the members thereof:
AYES: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom,
and Dutton
None
NOES: COUNCIU1EN:
ABSENT: COUNCILMEN:
None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 28th day of
Augus t , 19.J..L
IN WITNESS ~vHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 28th day of
August , 19~.
~M~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL )
I, DENE M. DAOUST, City Clerk of the City of Anaheim
hereby certify that the foregoing is the original of Resolutio~
73R-37l duly passed and adopted by the Anaheim City Council on
August 28, 1973.
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No.
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