71R-133
..........
RESOLUTION NO.
71R-133
--..-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE LA PALMA AVENUE STREET Il4PROVEMENT, APPROXI-
14ATELY 470 FEET EAST OF TO APPROXIl4ATELY 662 FEET
WEST OF ACACIA STREET, IN THE CITY OF ANAHEIM
WORK ORDER NO. 604-B.
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 Anahe~, to
wit: The Anaheim BUlletin, on the 26th da~ of November and
the 3rd da't of Decemb~r ,19 70 , a not1ce 1nv1t1ng sealed
proposals or furnisD1ng the following:
All plant, labor, services, materials and equipment, and
all utilities and transportation, including power, fuel
and water, and perfo~ing 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 La Palma Avenue Street Improvement, from approxi-
mately 470 feet east of to approximately 662 feet
west of Acacia Street, in the City of Anaheim consist-
ing of clearing and grubbing; concrete removal; exca-
vation: construction of p.e.c. curb, curb and gutter,
cross gutter and spandrel, sidewalk, driveway approaches
and allev aoproaches; construction of asphalt concrete
over aggregate base and asphalt concrete over native
soil; adjust water valve boxes and meter boxes to grade;
relocate traffic signal loop; and appurtenant work as
more particularly set forth in the plans and specifica-
tions on file in the Office of the City Clerk or City
Engineer, ~iork Order :ao. 604-B.
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 10th day of
December , 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 waqes for each type of labor needed
to execute said contract, and did state that the prevailinq hourly
waqe scale so ascertained was on file in the Office of the City
Clerk; and
,
-1-
.:..... ~. ........;-..... .,..........-1IC
WHEREAS, on December 10 , 1970 , 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 perfo~ing 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 lSth
day of December --....;19 70 , at the hour of 1: 30 0' crock
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 MIRACLE CONSTRUCTION COMPANY
971 South Anaheim Bou1evard,~ahe1m, Ca11~orn1a 928U~ ----
for toe construct1on, 1nstallatfOD and campletionlOf sa~d ~a pa~m~
Ave. Street Improvement approx. 470' E/o eo approx. 662 W,u Acac1a
StdL Cit of Anaheim, Work Order No. 604-~ereinabove mentioned --
an escr1 e , was t e owest respons1 e proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said MIRACLE CONSTRUCTION COMPANY
---ror furn1shing all plant, rabor,
services, mater1als and equ1pment and all utilities and transpor-
tation, including power, fuel and water, and perfo~ing 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 MIPACLE CON~TRUCTION
CO~P~NY _ _ which said
contract was duly made and entered into on the 18th day of
Decemp~__, 19~_; and
WHEREAS, the said MIRACLE CONSTRUCTION COMPANY
has furnished all pr~nt, labor,
&ervrces, materiaTs and equipment and all utilities and trans-
portation, and performed all work necessary for the construction
and completion, in a good and workmanlike manner, in stri'ct
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 De~artment of Public Works
, and the contract made and entered into
wi th 1 t by the Ci ty of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction ana completion of said
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 MIRACLE CONSTRUCTION
COMPANY ~__=;and
-2-
..'. .~~ ........... . ItI!Ilo.......~...-:....
\- "-
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 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
day of __1Y2..ril _, 19 -1.1.-.
this 6th
ATTEST:
CJ. M~~
~ERK OF THE CITY OF ANAHEIM
-3-
....,- "-L'!:tIIo ,...adIio:..._ .......'.._II~~..
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) S5 .
CITY OF ANAHEIM )
DAOUST
I, DEl-IE ,ivI. ~, Cit~{ Clerk of the City of Anaheim,
do nereby certify that the foregoing Resolution No. 71R-133 was
passed and adopted at a regular meeting of the City Council held
on the 6th day of April , 19 71 , by the following
vote of the members thereof: ---
.----
AYES:
COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton
NOES: COUNCILlVIEN : None
ABSENT : COUNCILI~EN : None
AND I FURTHER CERTIFY that the Mayor of the City of
P~aheim approved and signed said resolution on the 6th day of
April , 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 6th day of
April , 19 71 .
~~ 1t ~~
CIT CLERK OF T E CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City C1er~ of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 71R-133 duly
passed and adopted by the Anaheim City Council on April 6, 1971.
~~ ~)rf f1~
r City Clerk
:.... ................";\1'. ......-... ......,.... .",. ~'.":"'-'._~""""""~-_.."-""'-.~..t.. .~~"w.--_......----w-