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70R-302 RESOLUTION NO. 70R- 302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FU~NISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND ~TER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING !PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF CERRITOS AVENUE AND NINTH STREET FROM APPROXIMATELY 160 FEET WEST OF NINTH STREET TO APPROXI~TELY 1,378 FEET SOUTH OF CERRITOS AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 584-A. 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 February 12, and February 19, , 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 Cerritos Avenue and Ninth Street from approximately 160 feet west of Ninth Street to approximately 1,378 feet south of Cerritos Avenue, in the City of Anaheim, consisting of excavation; construction of asphalt concrete over aggregate base, asphalt concrete over native soil and variable thickness asphalt concrete; construc- tion of P.C.C. curb and gutter, curb, cross gutter, sidewalks and driveways; construction catch basin, 18" R.C.P. junction structure and reinforced concrete box culvert; removal of highway facilities and concrete headwall; relocation of chain link fence; adjustment to grade of manholes, cleanouts, water valves and water meter box; and appurtenant work as more parti- cularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 584-A. 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 26th day of February , 19 10 ,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 _!,ebruary 26 ,19 _-1~, at the hour of ~ 2:00 o'clock P.M., the City Clerk and the C1ty 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, 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 -3~ day of March ___, 19 70_, at the hour of __l~ 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 Handley Construct120 CQ~Q.at1Qn. 216 North Clara S~reet~ Santa Ana CalifQrnLa rorthe constructron, ~nsfarratron~ completron of sara i.l:op~- ment of Cerritos Avenue and Ninth Street ion tbtLCitJZ of !naheim hereinabove mentioned ~described, wasithe-rDwest responsrbre proposal submitted therefor, and thereupon accepted said bid and did award a contract to said --____B~ng1e~_QQnst~t1Qn CQ~PQ~~tiaa- for furn1sh1ng all plant, labor, services, materrars ana-equfpment 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 b~half of.the City of Anaheim with H~nd1ey Construction Gorporat1on which said contraetwasdufymade -an d-entered-rn to -on the:=-qtii day of _Marc~_____, 19 70_; and WHEREAS, the said ijQQdle~ CQnat~~tian~~oration has furnished all plant, labor, servICes; materfars-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 Public Works De~artment , and the contractJmade an entered fnto -----yo--------- with _1t____ by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the-constructfOn and completron of sara 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 Hanq1e~_~~~tL~_____ _~oration ; 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, 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 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 or-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. this THE FOREGOING RESOLUTION is approved and signed by me 16th day of ____~.!1ne_____, 19 ~_. ;t?/ C/L?/. c{,ti4/?/d~~~~~" MAYO~OF THE CITY OF ANAHE Pro-Tern I ATTEST: b" ~ - <-7~- ~ /;'(,tv -o-?~ CI Y CLERK OF ~TY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) -, I, DENE M. W~LLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-302 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 16th day of June, 1970, by the following vote of the members thereof: AYES: COUNC1LMEN: Stephenson, Thom and Pebley NOES: COUNC1LMEN: None ABSENT: COUNCILMEN: Clark and Dutton AND I FURTHEt CERTIFY that the Mayor Pro-Tem of the City of Anaheim approved an4 signed said Resolution No. 70R-302 on the 16th day of June, 1970. IN WITNESS ~EREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of June, 1970. ~?~)( M~~.-/ 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-302 duly passed and adopted by the Anaheim City Council on June 16, 1970. ~).( ~-' City Clerk