1973-574
RESOLUTION NO.
73R-574
A RESOLUTION OF THE CITY COUNCIl. OF THE CITY
OF ANAHEIH FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, ~~TERIALS 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 HOWELL AVENUE STREET IMPROVEMENT, FROM 118
FEET SOUTH OF SUNKIST STREET TO 4 FEET NORTH
OF SINCLAIR STREET, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 70l-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 the 6th and 13th daxs of
September , 19 73 , a notice invitl.nq 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 Howell Avenue street improvement from 118 feet south
of Sunkist Street to 4 feet north of Sinclair Street, in
the City of Anaheim, consisting of excavation; construc-
tion of asphalt concrete over aggregate base; adjustment
of manhole to grade; and all appurtenant work as more .
particularly shown on the plans and delineated in the
specifications on file in the Office of the City Clerk or
City Engineer, Work Order No. 70l-B.
in accordance with the designs, plans, profiles and specifica-
tions prepared by thA l'nh11(" Works DepartnJf"pr
and the notice inviting sealed proposals, whl.ch said notice
specified that sealed proposals as specified in said notice would
be received up until 2: 00 0' clock P.M. of the 20th day of
September, 1973 , and which said notice did state and
declare that, pursuant to the provisi~ns of secti~n 1770 of the
Labor Code the city Council of the Cl.ty of Anahel.m had ascer-
tained the' prevailing rate of wages for each type of l~b~r needed
__" to execute said contract, and did state that the preval.ll.ng ~ourly
wage scale so ascertained was on file in the Office of the c~ty
Clerk; and
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WHEREAS, on September 20 , 19_~, 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, servi-
ces, materials and equipment, and all utilities and transporta-
tion, 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 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 ---------
~IEREAS, the City Council of the City of Anaheim did,
at its next - - - - - - regular meeting, held on the 25th day
of September , 19 73 , at the hour of 1.30 . o'clock P.M.,
consider the sealed proposals submitted for furnishing the
materials and performiug the work hereinabove more particularly
described and set forth, and did thereupon find and determine
that the sealed proposal submitted by JIM'S BLADE SERVICE,
1650 N. GlasselL,-Orange, California 92667
for the construction, 1nstallation and completDOn of said Howell
Avenue street~rovement, f:rQm 118 feet sout~QL.sunkist Street
to 4 feet north of Sinclair Street, in the City of Anaheim,
Work Order No. 70l~B
hereinabove mentioned and
described, was the lowest responsible proposal submitted there-
for, and thereupon accepted said bid and did award a contract
to said contractor for furnishing 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 man-
ner, 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 said contractor,
which said contract was duly made and entered into on the 28th
day of September, 1973 ; and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and performed all work necessary for the con-
struction 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 into with said contractor by the City of Anaheim; and
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WHEREAS, the Director of Public Works
has duly certified to the construction and completion of said
public improvement hereinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into with said contractor; 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 con-
tract 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 per-
formance 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 provi-
sions of the contract documents, and that the balance due said
contractor for said work be paid to said contractor thirty-five
(35) days from and after final acceptance of said work as evi-
dence by the adoption of this resolution, but not sooner than
thirty (30) days after the date of the filing of notice of com-
pletion, 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 offi-
cers, 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 employees, excepting only claims
against the City for 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 27th day of November, 1973 .
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA
COUNTY OF ORANGE SSe
CITY OF ANAHEH1
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-574 was
passed and adopted at a regular meeting of the City Council held
on the 27th day of November , 19li-, 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 27th day of
Nov~mh~r , 19 ~.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 27th day of
Nm7~mh~r , 19..D..-.
(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-574 duly passed and adopted by the Anaheim City Council on
November 27, 1973.
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City Clerk
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