1967-380
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RESOLUTION NO.
A RESOLUTION OF THE CITY CO CIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL P~T' LABOR,
SERVICES, MATERIALS AND EQUI MENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERF RMANCE OF ALL
WORK NECESSARY TO CONSTRUCT 0 COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT TO WIT:
'!tiE DOWLING STREET, CROWTHER AVENUE AND A. T . ,
S.F. R.R. CROSSING STREET I ROVBMENT, IN THE
CITY OF ANAHEIM, SS PROJECT O. 491B.
WHEREAS, the City Council of
faa.n to be publi8hed in a new8paper 0
IJrinted, publiShed and circulated in t
\wit: The Anabeim Bulletin, on
"~ch. ' 196] , a no loce
,Piipoaa18 for furnishing the fOIIOWing ~
the City of Anaheim did
general circulation,
e City of Anaheim, to
All plant, labor, services, materi~S and equipment,
and all utilities and transportati n, incl_ding power,
fuel and water and performing all ork necessary to
construct and complete in a good a d workmanlike
manner, in strict accordance with e specifications,
plans and drawings therefor on fil~ in the Office of
the City Engineer or City Clerk of!the City of Anaheim,
the following public improvement, tt.o wit: The Dowling
Street, Crowther Avenue and A.T. 'S.F. R.R. Crossing
Street Improvement, in the City of!Anaheim, consisting
of excavation, including haulaway 4nd disposal; con-
struction of asphaltic concrete pa~ement on aggregate
base, P.C.C. curb and gutter and c~rb only, traffic
signals, and appurtenant work as mqre particularly set
forth in the plans and specificatiQns on file in the
Office of the City Clerk or City E~gineer, SS Project
No. 491B.
iD accordance with the designs, plans, and specifica-
rtions prepared by
.-. the notice inv t ftg sea proposa ., 8a1
~ified that sealed pro~sals as spe ified in said would
.. received up until 2: 0.0 0' clock P .IM. of the 6th day of
Jlirt1 . ' 19 67 , and which said notice did state and
:' ... are that, pursuant to the provisio~s of Section 1770 of the
~~r Code, the City Council of the Ci~y of Anaheim had ascer-
tained the prevailing rate of wages fo~ each type of labor needed
to execute said contract, and did stat~ that the prevailing hourly
wage scale 80 ascertained was on file ~n the Office of the City
Clerk; and
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WHEREAS, on A~ril 6 " 19 67 , at the hour of
a:1O o'clock P.M., t e City Clerk ~nd the City Engineer of
~e City of Anaheim did open said seal~d proposals received up
'to that time for the furnishing of all Iplant, labor, services,
~~erials and equipment, and all utili~ies and transportation,
including power, fuel and water, and p~rforming all work neces-
sary to construct and complete, in a giod and workmanlike manner,
.,in strict accordance with the specific tions, plans and drawings
therefor on file in the Office of the ity Clerk of the City of
Anaheim, the public improvement herein ove more particularly
described and set forth, in public, in Ithe City Council Chamber
in the City Hall, Anaheim, California, land the City Engineer did
tabulate the result of said sealed proppsals and did make a
report to the City Council at its next! --- regular
meeting; and .
WHEREAS, the City Council of It he City of Anaheim did,
at its next ----- regular meet!ing, held on the 11th
day of Apr!l , 1967 , at the hour of 1:30 o'clock
P.M., consier the sealed proposals su~itted for furnishing the
materials and performing the work herei~above more particularly
pescribed and set forth, and did there on find and determine that
the sealed proposal submitted by STlI MITCHEL IIC 22
h r eA L e
the construct10n, instal at10n and amp
et Crowther AV8Due and A.T. & S.F.'l.lt. Cr 88i Stree
t ect. ere1na ove ment10ne
an escr1bed, was the lowest respons1b[le proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said STEINY AD MITCHEL.. IIC.
for furnlishing all plant, labor,
liJervices, materials and equipment and aill 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 a[s specified in said notice
inviting sealed proposals, and did authprize the Mayor and the
City Clerk of the City of Anaheim to ex~cute a contract for and
on behalf of the City of Anaheim with STEIRY ~D MITCaEL, INC.
which said
contract was duly made and entered into on the 12th day of
Apcll , 19~; and
WHEREAS, the said STEllY ARID HITC~t IRe.
has furn~shea a plant, labor,
services, materials and equipment and a~l utilities and trans-
portation, and performing all work nece~sary for the construction
~nd completion, in a good and workmanli~e manner, in strict
~ccordance 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 Publici ~rks Deaarbaent
, and the contract made ana enterea into
with it by the City of Anaheim; and
WHEREAS, the Director of Pu lic Works
has duly certified to the construct10n n comp et10n of sa1
public improvement hereinabove mentionep and described, in accord-
ance with the plans and specifications ~nd the contract documents
auly made and enter'ed into with said ---'mIRY AD MITCHRT,. IlIC-'L_
. i ana---
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<XIIITY Of ..,e ) 51.
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I, DIllE M. WIUIMS, City Clerk of the City of AMh01ll,
do IMreby certify that t_ forep1.. ao.olu 1.. 110. 671-_ was
Inbodu<:ed and adoptod It I regullr -.t1ag provided by hw, of the
City C.....cll .f tho Clty of Anlbela, htUd 0 tIl. lltll dey of July,
1961, by tile fOUowillt vote of th. .....1'. oreof.
AYES a Coo.;ILMEN. Dutton, Krei+, Cundler, and Pebley
Jl)ES. COUII:IIJEN. lone
AIS8T. CWICIIJlElh Schutte
AID I FUlT18 CBlTIFY tblt the Ma,+r of the Ci ty of Anabe.
approved .d slgned Slld aesolution 110. 611+310 on the 11th day of
July, 1967. '
II WJDfESS ~, I bav. hereunt~ s.t II)' band and
.ffixed Ut Officlal ...1 .f tile City of AA....t.. tbis 11th day of
JUly, 1967. .
( lEAL)
g&a4t1re~/
I, DENE M. WILLIAMS, City Clerk of the City of Analtoill,
do hereby certify tbat the foreg01ng is tbeiorlginal of Resolut10n
10. 671-_ duly passed and adopted by the 4nahelll CIty Council on
July 11, 1967. ~.. '
71 2W.~~_-,
City Clerk
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WHEREAS, the City Council ftnds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with th$ provisions of the contract
and the contract documents, and that ~otice of completion should
be filed and payment of the balance d~e said coptractor authorized
in accordance with the contract docum~nts. I
NOW, THEREFORE, BE IT RESOLE' D by the City Council of
the City of Anaheim that all plant, 1 bor, services, materials
and equipment and all utilities and t ansportation, amd the
performance of all work necessary to jonstruct, install and com-
plete, in a good and workmanlike mann r, in strict accordance
with the specifications, plans and dr,wings therefor on file in
the Office of the City Clerk of the C'ty of Anaheim, together
with the appurtenances thereto, said ~ublic improvement herein-
above more particularly described and iset forth, in the City of
Anaheim, by said contractor, be, and ~he 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 sa~d work as evidenced by the
adoption of this resolution, but not ~ooner than thirty (30) days
after the date of the filing of notic~ of completion, excepting
only such sum or sums as may lawfully be withheld in accOrdance
with the provisions of said contract qnd contract documents.
That acceptance by the contractor of ~aid 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 with-
held 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 uhey are hereby authorized
to execute and file a notice of compleition of said work as
required by law.
this
THE FOREGOING RESOLUTION is ,approved and signed by me
11th day of Julv , 191.L-.
A'l'TEST:
MAYO~~~~
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THE CITY OF ANAHEIM
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