1973-021
RESOLt1l'ION NO.
73R-21
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A RESOLt1l'ION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING tHE COMPLETION
AND THE FURNISHING OF ALL PL~T, LABOR,
SERVICES, MATERIALS AND EQUIP~NT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND \'lATER, AND THE PERFO~CE OF ALL
WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT,TO WIT:
THE BELHAVEN STREET STREET IM~ROVEMENT FROM BALL
ROAD TO APPROXIMATELY 203 FEE~ SOUTH OF BALL ROAD,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 663-A.
WHEREAS, the City Council of ~he City of Anaheim did
cause to be published in a newspaper of' general circulation,
printed, published and circulated in th~ City of Anaheim, to
wit: The Anaheim Bulletin, on Octobe~ 19 and October 26.
1972 , 19 , 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 ~ecessary to construct
and complete in a good and workmanl!ke manner, in strict
accordance with the specifications, plans and drawings
therefor on file in the Office of t~e City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
The Belhaven Street street improvement from Ball Road
to approximately 203 feet south of Ball Road, in the
City of Anaheim, consisting of exc.vation; removal of
concrete; construction of P.C.C. c~rb and gutter, curb,
spandrel, sidewalk, driveway approach and alley gutter;
construction of block wall; constr~ction of asphalt
concrete over native soil; and app~rtenant 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. 663-A.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by the Depar~ent of P~li~~S. . '
and the notice inviting sea ed proposas, 1C sa1d not1ce
specified that sealed proposals as speoified in said notice would
be received up until 2: 00 0' clock P.M. of the 2nd day of
November , 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 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 November 2, 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 seal~d proposals received up
to that time for the furnishing of all plant, labor, services,
materials and equipment, and all utili~ies and transportation,
including power, fuel and water, and p~rforming all work neces-
sary to construct and complete, _1n a gpod and workmanlike manner,
in strict accordance with the specific~tions, plans and drawings
therefor on file in the Office of the City Clerk of the City of
Anaheim, the public improvement hereinabove more particularl.y
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 7th
day of !iovember , 19-11.., at the hour of l: 30 0 g clock
P.M., cons1der 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 J. B. Crosby Company, Inc.
836l Moody Street, La Palma, Cal1fotn1a 9Ub~j
ror the construction, installation andl completion of said
Belhaven Street street im rovement from Ball Rd. to soutn of
Ball Road Cit 0 Ana e1m, ere1na ove mentioned
an escr1 ed, was t e owest respons1 e proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said J. B. C~osby Company, 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
Ci ty Clerk of the City of Anaheim to elxecute a contract for and
on behalf of the City of Anaheim with J. B. Crosby Company, Inc.
which said
contract was duly made and entered into on the lOth day of
November ,19..1.1:-; and
J. B. C~Sb* com1anYf Inc.
has fu . is ed a 1 p ant, labor,
services, materials and equipment and all utilities and trans-
portation, and performed all work nece!ssary 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 Dep~rtmeat of Public Works
, and the contra t ma e and entered into
with it by the City of Anaheim; and
WHEREAS, the said
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WHEREAS, the Director 0 Public Works
has duly certified to t e construct10n an comp et10n 0
public improvement hereinabove mentioned and described,
ance with the plans and specifications and the contract documents
duly made and entered into with said J. B. Crosby Company,
I ; and
nc.
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WHEREAS, the City Council f~nds 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 dqe said contractor authorized
in accordance with the contract docu~nts.
NOW, THEREFORE, BE IT RESOL~D by the City Council of
the City of Anaheim that all plant, l~or, services, materials
and equipment and all utilities and t~ansportation, and the
performance of all work necessary to donstruct, 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 C~ty of Anaheim, together
with the appurtenances thereto, said public improvement herei~-
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 relati~g to the work or
any act or neglect of the City, its officers, agents and em-
ployees, excepting only claims against the City tor/amounts with-
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED bbat 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 l6th day of January , 19-11-.
ATTEST:
~~~",d,'iM
ROTHE CI Of .1\NAHE .
~u4JJ~6F
ANAHEIM
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STATE OF CALIFOffi~IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, DENE M. DAOUST, City Clerk. of the City of Anaheim,
do hereby certify that the foregoing Re~olution No. 73R-2l was
passed and adopted at a regular meeting, of the City Council held
on the 16th day of January , ~9 73 , by the following
vote of the members thereof: ---
AYES:
COUNCILIvlEN: Sneegas, I1ebley, Thom and Dutton
NOES:
COUNCIL-HEN: None
ABSENT
COUNCILMEN: Stephensoq
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 16th day of
January , 19-1]_
IN WITNESS WHEREOF, I have hereunto set my hand and
affixeS the seal of the City of Anaheim this 16th day of
Jao.'P:-!. ' 19 73
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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-21 duly
passed and adopted by the Anaheim City Council on January 16, 1973.
gL_ :w 1J~
City Clerk
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