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71R-112 RESOLUTION NO. 71R-112 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 CERRITOS AVENUE STREET IMPROVEMENT, FROM APPROXIMATELY 1400 FEET EAST OF TO 150 FEET EAST OF EUCLID STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 609-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 Anaheim, to wit: The Anaheim Bulletin, on the 10th and the 17th days of December , 19 70 , a not1ce 1nv1t1ng 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 Cerritos Avenue Street Improvement from approximately 1400 feet east of to 150 feet east of Euclid Street, in the City of Anaheim, consisting of clearing and grubbing; exca- vation; construction of P.C.C. curb and gutter, sidewalk, driveway approaches and driveways; construction of asphalt concrete over aggregate base and asphalt concrete over native soil; install A.C.P. irrigation line; modification of concrete sprinkler systems; re-seed lawns; encase sewer laterals; crush and backfill cesspool; relocate chain link fence, 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. 609-B. in accordance with the designs, plans, profiles and specifica- tions prepared by the DeDartment 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 24th 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 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 December 24 ,19 70 , at the hour of 2:00 o'clock PaMo, the City Clerk and the City 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 29th day of December ,1970, at the hour of 1:30 o'clock P.Mo, 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 JOHN B. EWLES, INC., 14856 Dillow Street, Westminster, California for the construction, installation and completion of said Cerritos Ave. street im rovement from a rox. 1400' E 0 to lSO' E 0 Euclid St. In the City of Anaheim. Work Order #609-B here1nabove ment~one and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said JOHN B. I:vlLES, INC. for furnishing all plant, labor, services, materials and equipment 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 JO&~ B. EWLES, INC. which said contract was duly made and entered into on the 30th day of December , 19~; and WHEREAS, the said JOHN B. EvlLES., INC. has furnished all plant, labor, services, materials 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 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 t;.he Department of .:Public Works , and the contract made and entered into with it by the-City of Anaheim; and WHEREAS, tht:: Director of; pu~icWs:rkS has duly certified to the construction an comp etion 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 JO.Hl~ B ~ . E~lLES, INC. ; and -2- ..-. : .~u... .-.....~.. .. .-;r..". . ............. .0. -.......... .. ._. ...... .. ......_.... . .........1'I~ I..,....~ t-r:"~Wh~""""""" .............................,~* 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 ev~denced 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 ~3~_ day of __Ma~ch_______, 19 71_- ATTEST: ~ t' ~ ~ # ' j ~. _/!t. Ja-~ CI Y CLERK OF THE CITY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the city of Anaheim, do hereby certify that the foregoing Resolution No. 71R-112 was passed and adopted at a regular meetinq of the City Council held on the 23rd day of March , 19 71, by the following vote of the members thereof: --- AYES: COUNCILMEN: Roth, Thom and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson and Dutton Pro-Tem AND I FURTHER CERTIFY that the Mayor/Of the City of Anaheim approved and signed said resolution on the 23rd day of March , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of March , 19 71 . t: ~ ),.~ # ~~ ct-y CLE~F THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-1l2 duly passed and adopted by the Anaheim City Council on March 23, 1971. 1i7LL ~ i2.~ City Clerk