70R-399
RESOLUTION NO. 70R-399
A RESOLUTIQN OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FU~ISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES ~D TRANSPORTATION INCLUDING POWER,
FUEL AND W~ER, AND THE PERFORMANCE OF ALL
WORK NECES~Y TO CONSTRUCT AND COMPLETE THE
FOLLOWING ~UBLIC IMPROVEMENT, TO WIT: THE
IMPROVEMEN~ OF BALL ROAD FROM APPROXIMATELY
150 FEET ~ST OF KNOTT AVENUE TO APPROXIMATELY
1,250 FEET WEST THEREOF, IN THE CITY OF ANAHEIM,
WORK ORDER NO. 590-B.
WHEREAS, tqe City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, published aqd circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on April 30 and May 7
, 19 70 , a notice inviting sealed
proposals for furnis~ing 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 Ball Road from
approximately 150 feet west of Knott Avenue to approxi-
mately 1,250 feet west thereof, in the City of Anaheim,
consisting of concrete removal; excavation, construction
of asphalt concr~te over aggregate base and variable
thickness asphalt concrete; construction of P.C.C. curb,
curb and gutter, sidewalks and driveways; adjustment to
grade of manholes and water valve boxes; relocation of
miscellaneous it~s; and appurtenant 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.
590-B.
in accordance with tqe designs, plans, profiles and specifica-
tions prepared by t~e Department of Public Works ,
and the notice inviting sealed proposals, which said notice
specified that seale4 proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 14th 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 prevailinq 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
Clerki and
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WHEREAS, on May 14 , 19 70 , at the hour of
--::-r
2;QQ o'clock P.~., the City Clerk and the C~ty Engineer of
the City of Anaheim did open said sealed proposals received up
to that time for th, furnishing of all plant, labor, services,
materials and equip*ent, and all utilities and transportation,
including power, fu,l and water, and performing all work neces-
sary to construct a~d 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 fQrth, 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 19th
day of ~~:=;-r9_70_, at the hour of !.=-~2-- o'crock
P.M., consider the $ealed proposals submitted for furnishing the
materials and perfo*ming the work hereinabove more particularly
described and set forth, and did thereupon find and determine that
the sealed proposal submitted by Industrial Contractinq Co.,
8210 MonroeL st~nlQn~ California
ror-the construct~o., ~nstarlatron a:na completion of" sard
Ball Road near Kn~tt AvenueL_City of AnaheimL W~rk Order No.
590-B hereinabove mentioned
ana-descriDed, was~he-rowest responsrEle proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said Industriti Contractinq Co.
for furnTshing all plant, labor,
services, materlals~ana-equrpment and all utilities and transpor-
tation, including PQwer, 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 9ublic improvement as specified in said notice
inviting sealed progosals, 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 Industrial Contractinq
Co. which said
contract was duly Inide-andenteredinto-on the:.2i;t day of
Ma~ ' 19_211_; and
WHEREAS, the said Industrial Contract ins Co.
has furnished all plant, labor,
servfCes, materrars-ana-equrpffient 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 specifica~lons, plans and drawings of said
public improvement as specified in the notice inviting sealed
proposals and in th~ detailed designs, plans, drawings, and
specifications prepared by the Department of Public Works
, and the contract made and entered Into
wit~_ it_ by-tKelCity of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the-constructron-an~ompletlon of sard-
public improvement nereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said Industrial Contractin~Co.
; and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in ~ccordance with the provisions of the contract
and the contract dopuments, 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
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 particul~rly 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 ~lL_ day of __August______, 19~_
, &; ~Jdk
R OF THE CITY ANAHEIM
ATTEST:
~ ) i" 1 <+-..,. /
. 'J- ..L!1. IU~. '..-./
CI Y CLERK OF T~bF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s .
CITY OF ANAHEIM )
--
I, DENE M. W~LLlAMS~ City Clerk of the City of Anaheim, do
hereby certify that th~ foregoing Resolution No. 70R-399 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of ~naheim, held on the 4th day of August, 1970,
by the following vote of the members thereof:
AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thorn and Dutton
NOES: COUNC~LMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 70R-399 on the 4th day of
August, 1970.
IN WITNESS W~REOF, I have hereunto set my hand and affixed
the official seal of tbe City of Anaheim this 4th day of August, 1970.
iL. )( ~ 'Y. ,
_ ^ _/U~~
CITY 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-399 duly passed and adopted by the Anaheim City Council on
August 4, 1970.
~ );r. )J:-~
, City Clerk
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