1973-037
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RESOLUTION NO. 73R- 37
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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 KELLOGG DRIVE STREET AND STORM DRAIN IMPROVE-
MENT, ORANGETHORPE AVENUE TO LA PALMA AVENUE,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 644-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 15th aad the 22nd days
of June , 19 72 ,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 Kellogg Drive street and storm drain improvement,
Orangethorpe Avenue to La Palma Avenue, in the City of
Anaheim, consisting of excavation; construction of P.C.C.
curb and gutter, curb and 4" slab; construction of asphalt
concrete over aggregate base and variable thickness asphalt
concrete; construction of a storm drain system including
21" and 30" R.C.P., C.~I[.P. and P.C.C. collars, catch basins
and A.C. outlets; construction of an 18" irrigation line;
installation of redwood header, paddle boards and survey
monuments; and appurtenant "vork 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. 644-B.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by t:hA P~lic Wnrks V~p;l~'t:111~i-. . '
and the notice inviting sea ed proposals, W 1C sa1d not1ce
specified that sealed proposals as specified in said notice would
be received up until 2~OO o'clock P.M. of the 29th day of
June , 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 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 June 29 , 19 72 , at the hour of
_ 2: 00 0 I 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 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
WHEREAS, the City Council of the City of Anaheim did,
at its next ----------- regular mee'ting, held on the 5th
day of Julv , 19 72 , 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 by SILVERI & RUIZ CONSTRUCTION CO.,
274 v ller n California 92633
~or t e construct10n, 1nsta at10n an comp et10n 0 sa1 Kelloqq
Drive St. & strom drain improvement. Ofanqetho~pe Ave. to ~a Palma
AV~. a City of Anahei.JL..-.lfork Order No. ~44~n:ere1nabove mentl.oned
an escr1bed, was ~owest respons1DIe proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said SILVERI & RUV CrST'Ut~ION ~O.
or urn1S 1ng a 1 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 SILVERI & RUIZ
CPtL~TRU~ION co. which said
contract was duly ma e and entered into on the 7t:.h day of
LTnly , 19 -1L; and
SIL,?RJ & R~IZ CONiTRVCTIg,g GO.
has urnishe ali pant, Ia or,
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 t-,hA PuhliC'! W~~kR D~~nt:.
, and the contract ma e ana enterea into
with ;t- by the City of Anaheim; and
WHEREAS, the said
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WHEREAS, the Director of Public Works
has duly certified to the construction and completion of
public improvement hereinabove mentioned and described,
ance with the plans and specifications and the contract
duly made and entered into with said
SILVERI & RUIZ CONSTRUCTION CO.
said
in accord-
documents
; 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 t~ansportation, 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 wj.th-
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED btlat 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 30th day of January , 191.L-.
ATTEST:
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CITY CLEM OF THE CIT'lOF ANAHEIM
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STATE OF CALIFORNIA )
COOIITY OF ORANGE ) ss .
CIry OF ANAHEIM )
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I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-37 was
pa..ed and adopted at a regular meeting of the City Council held
on the 30th day of January , 1973 , 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 30th day of
January , 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 30th day of
January , 19 73 .
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CI 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-37 duly
passed and adopted by the Anaheim City Council on January 30, 1973.
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City Clerk
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