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70R-608 - RESOLUTION NO. 70R-608 ^~- A RESOLUTIQN OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FU~ISHING OF ALL PLANT, LABOR, SERVICES, ~TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECES$ARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IJYIPROVENEN'U:' OF NUTWOOD STREET. FROM APPROXI- MATELY l30P FEET SOUTH OF CERRITOS AVENUE TO APPROXI- MATELY 1500 FEET SOUTH THEREOF. IN THE CITY OF ANAHEIN. WORK ORDER NO. 573. WHEREAS, tne City Council of the City of Anaheim did cause to be publishe~ in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on April 23rd and April 30th , 19 70 , 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 improvement of Nutwood Street, from approximately 1300 feet south of Cerritos Avenue to approximately 1500 feet south thereof, in the City of Anill1eim, consisting of clearing and grubbing; excavation; compacted import borrow; construction of asphalt con- crete over aggregate base and variable thickness asphalt concrete, construction of P.C.C. curb and gutter, sidewalk and drivev(lay approach, and all appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or the City Engineer, Work Order No. 573. in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 7th day of May , 19 70 , 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 -1- -- ~ WHEREAS, on MayL____' 19 _ZQ._, at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anahei~ 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, 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 ----------- WHEREAS., the City Council of the City of Anaheim did, at its next ___~~_____ regular meeting, held on the l,~_ day of May , 19 70, at the hour of 1:30 o'clock P.M., consider the sealed proposals submitted for-furnishing the materials and perfprming the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by UNIVERSAL ASPH~T ~L' 1NCL-____ 10226 Greenleaf Santa Fe ~ri~~Calif. for the construcITbn, 1n'sraIra:ITon anacompret.fon-orsa.fcI-~~ ment of Nutwood St., Work Order No. 573 hereinabove mentioned proposal submitted and did award a contract ana-described, was the rowest responsDbre therefor, and thereupon accepted said bid to said Universal Asphalt Co., Inc. -------------------lor furn.fsh.fng all plant, labor, services, mater.faIs ana-equrpment 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 JIrdypr~~l A~phakt- .. Co. Inc. w 1ch Sa1Q ---~---------------------------------- contract was duly made and entered into on the 13th day of May , 19..1JL_; and WHEREAS, the said Pl\i,y~~al Asf~l t- ~S: ' In} has rurnfshe all pant, abor, serv.fces, mater.faIs ana-equrpment 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 the Department of Public Works , and the contract made and entered into with _~__ by the City of Anaheim; and WHEREAS, the --1?irec.tQ..r....,o.f l'nbJj c Wnrk" ~ has duly certified to the construct1on an complet1on 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 Universal~CO~~ Inc. ; and -2- 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, TH~REFORE, 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 _~__ 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 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 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 ~tlL day of __~..c~.mb.e.r ' 19..lJL_. '~-l ~,&L*!E ~y~~ ATTEST: ~.. ,/ '~(, ))--;-- ~~ CI Y CLERK OF ~TY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) .- I, DENE M. WIL~IAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-608 was passed and adopted at a ------ regular meeting of the City Council held on the 29th, day of December , 1970 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Clark, 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 29th day of December 1970 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of December , 1970 . ~ Iff. 7J~~~ CIT CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-608 duly passed and adopted by the Anaheim City Council on December 29, 1970. ~L- )( )~~ City Clerk