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1973-193 RESOLUTION NO. 73R-193 - 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE LA PALMA AVENUE STREET IMPROVEMENT FROM APPROXIMATELY 400 FEET WEST OF TO APPROXIMATELY 1210 FEET WEST OF EAST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 66S-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 the City of Anaheim, to wit: The Anaheim Bulletin, on November 2nd and November 9th , 1972 , 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 La Palma Avenue street improvement from approximately 400 feet west of to approximately 1210 feet west of East Street, in the City of Anaheim, consisting of excavation; import borrow for compacted embankment; construction of asphalt concrete over aggregate base; construction of P.C.C. curb and gutter, sidewalk and driveway approach; 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. 66S-B. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Departmen~ and the notice inviting sealed proposals, wh~ch said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 16th day of November, 1972 , and which said notice did state and declare that, pursuant to the provisions of Secti~n 1770 of the Labor Code, the City Council of the City of Anahe~m had ascer- .~ tained the prevailing rate of w~ges for each type of l~b~r needed to execute said contract, and d~d state that the preva~l~ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- - WHEREAS, on November 16 , 1972 t 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 t.he 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, .i,n 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 Cit:y 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 21st day of November , 1972 , at the hour of 1:30 oDclock 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 EL CAMINO CONTRACTING CO., P.O. Box 1416, Huntington Beach, California for the construction, installation and completion of said La Palma Ave. Street Improvement, Work Order No. 66S-B hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said EL CAMINO CONTRACTING CO. 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 EL CAMINO CONTRACTING CO. which said contract was duly made and entered into on the 27th day of November , 19.1L; and EL CAMINO CONTRACTING CO. 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 inviti.ng sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Departmann , 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 complet10n of sa1d 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 CONTRACTTN~ CO ; an -'2- .,.",..-......,. WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particll<<' lar1y 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 authorLzed 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 dS 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 accQrd." 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 foz amounts vith held by the City at the time of such payment. AND BE IT FURTHER RESOLVED tmat the Hayor and the C1 ty 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 th1s 22nd day of May, 19.1L ATTEST: ~)11 A)~ CIT CLERK OF THE CITY OF ANAHEIM /"~^ -3- - .- 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. 73R-l93 was passed and adopted at a regular meeting of the City Council held on the 22nd day of May , 1973 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom 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 22nd day of May , 19~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed ~~e seal of ~~9C~~Y.of~aheim this 22C; day of ~- );(~ ~ CITY CLERK 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. 73R-193 duly passed and adopted by the Anaheim City Council on May 22, 1973. ~~ A 1)~~ . City Clerk -"