1975-459
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RESOLUTION NO.
75R-459
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A RESOLUTION OP THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES I MATERIALS AND EQUIPMENT AND ALL UTILI-
TIES AND TRANSPORTATION INCLUDING POWER, PUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
THE BALL ROAD STREEFJ.' Ir.1PROVEMENr~p, IN THE CITY
OF ANAHEIM, WORK ORDE~ NOS. 738-B and 849,
A.R.F.P. NO. 676.
WHEREAS, the City Council of the City of Anaheim did
cause ~o be published in a newspaper of qeneral circulation,
printed, published and circulated" in the City of Anaheim, to
wit: The Anaheim Bullotin, on Deceijlber::>6 lc;r14 ;"':;1(1
.Tanuary 2 , 19 7f1 , a not'ice nvl t1ng sealed
proposals for furnishing the following:
All plant, labor, services, materials and equipmen~, and
all u~ilities 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 Enqineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
The Ball" Road street improvement, Ball Road - from 200'
1,\//0 Euclid to lJest Street, ~~Jalnut Street - from Ball
Road to 682' 3/0 Ball Road, in the City of Anaheim,
consisting of clearing and grubbing; . excavation; import
borrow; construction of P.C.C. curb and gutter, curb,
driveway and alley approaches, cross gutter, sidewalk
and s1d.e\AlalJ.: ramps; construction of asphalt concrete
over prime coa.t over aggregate base and variable thick-
ness .aspha.l t concrete; modify sprj.nkler systems; con-
struction of block wall fe.nces; construction of 18" and
24" Rep storm drain laterals, L~' x l' R.C.B., and catch
basins; relocation of traffic signals and trees; reseed
lawns; adjust to grade water valve boxes and manholes;
and all appurtenant work as more particularly shown on
the plans and delineated in the specifications on file
in the Office of the City Clerk or City Engineer, Work
Orde~'Nos. 73G-B and 849, A.H.~.P. No. 676.
in accordance with.~he designs, plans, profiles and specifica-
tions prepared by . .the Public Vlorks Department ,
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 9th
dAV n-f .T~n1]~l"'v . 19 7, , and which said notice 'did
......
WH~REAS, on Ja.nua~ 9 , 1975 , at the hour
of 2:00 o'clock P.M., the C1ty 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, servi-
ces, materials and equipment, and all utilities and transporta-
tion, 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 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
~IEREAS, the City Council of the City of Anaheim did,
at its next - - - - regular meeting, held on the 21st day
of January , 19 75 , at. the hour of 1:30 ." o'clock P.M.,
consider the sealed proposals submitted for turnishing the
materials and performing t.he work hereinabove more part:icularly
described and set forth, and did thereupon find and determine
that the sealed proposal submitt.ed by E. L. WHI~ COMPANY. INC.,
~2 No. Lemon Str"t., oranaf. California 92667 .
lOr the constructJ.on, Tnsta lation and completion of sa1d _
Ball Road street i..provement. in the City of Anaheim. Work Order
Has. 738-B and 849, A.H.F.~. No. 676
hereinabove mentioned and
described, was the lowest responsible proposal submitted there-
for, and thereupon accepted said bid and did award a contract
to said contractor for furnishing all plant, labor, services,
materials and equipment and all utilities and t.ransport.at.ion,
inClUding power, fuel and water, and performing all work neces-
sary to construct and complete, in a good and workmanlike man-
ner, 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 contrac~
for and on behalf of the City of Anaheim with said contractor,
which said contract was duly made and entered into on the 24th
day of' January , 19 75 : and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
t.ranspor~ation, and performed all work necessary for the con-
struction and completion, in a good and workmanlike manner, in
strict accordance with the specifications, plans and drawings
of aaid public improvam9nt as speoified in the notice inviting
sealed proposals and in the detailed designs, plans, drawings
and specifications prepared by the Public Works Department
, and the contract made and
entered into with said contractor by the City of Anaheim: and
WHEREAS, the n; r~~i-nr nf "Pnh 1 j r! Wnrks
has duly certified to the construct1on and compretion of said
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WHEREAS, the City Council finds that said contractor
has completeQ said public improvement hereinabove more particu-
larly described in acoordance with the provisions of the con-
tract 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 per-
formance of all work necessary to construct, install and com-
plete in a good and workmanlike manner, in strict accordance
with the specifications, plans and drawinqs 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 ~he same are hereby accepted,
Bubjec~, nevertheless, to all the terms, conditions and provi-
sions of the contract documents, and that the balance due said
contractor for said work be paid to said contractor thirty-five
(35) days from and after final acceptance of said work as evi-
dence by ~he adop~ion of this resolu~ion, but. not sooner than
thirty (30) days after the date of the filing of notice of com-
pletion, 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 aecordance with said.final estimate shall
operate and shall be a release to the City of Anaheim, its offi-
cers, aqents and employees from all claims and liabilities due
the contractor for anything done or furnished or withheld or
for anythinq" relating to the work or any act or neglect of the
City, its officers, agents and employees, excep~inq on~y claims
aqain8~ the City for amounts withheld by the City at the time
of such payment.
AND BE IT FURTHER RESOLVED that the Mayor and the
City Clerk of ~he City of Anaheim be, and they are hereby
authorized to execute and file a notice of completion of said
work a8 required by law.
THE POREGOING RESOLUTION is approved and signed by me
this 26th day 0 f Angus t:. , I 9 ..1..S.. ·
ATTEST:
",' (. z:...~~
ITY OF ANAHEIM
..............
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, ALaNA M. BOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution" No. 75R-459 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 26th day of August, 1975,
by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Se.ymour, Pebley, Sneegas
and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 75R-459 on the 26th day of
August, 1915.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 26th day of August, 1975.
CI~~~O/~E~~t~IM
(SEAL)
I, ALaNA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Is the original of Resolution No.
75R-459 duly passed and adopted by the Anaheim City Council on
August 26, 1915.
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