71R-507
RESOLUTION NO. 71R- 507
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AllD 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 MIRALOMA AVENUE STREET IMPROVEMENT FROM
APPROXIMATELY 990 FEET WEST OF MILLER STREET TO
APPROXIMATELY 1650 PEET EAST OF KRAEMER BOULEVARD
IN THE CITY OF ANAHEIM, WORK ORDER NO. 759.
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 June 24~ anq
Julv 1st , 19 71 , a notJ.ce 1nvJ.t1ng 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 Miraloma Avenue Street improvement from approximately
990 feet west of Miller Street to approximately 1650 feet
east of Kraemer Boulevard, in the City of Anaheim, consist-
ing of construction of asphalt concrete pavement over
aggregate base, 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.
759.
in accordance with the designs, plans, pr~files and specifica-
tions prepared by the Department of Pub11c Works ,
and the notice inviting sealed proposals, which said notice
specifi~d that sea~ed ~r~posals as specified in said notice would
be rece1ved up unt1.1 2. (fO o' clock P.M. of the 8th day of
Julv , 19 71 , 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 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
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WHEREAS, on JU1X- 8 , 19 _~, at the hour of
2:00 o'clock P.M., the C1ty 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 13th
day of Julv , 19-1.1., at the hour of l!~n o'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 U.S. Paving Co.. 5357 Valley
Boulevard, ~os Anqeles, Cal1r. ~0032
for the construcITon,1'nstalri'tion-aDa' compIetion.ol'sucI----
MiraloDla Avenue from west of !y-Iler Street t:o,..J.u..t..~e~
Boulevard Work Qr~~ No. 1S~ here1nabove mentioned
ana-described, was t e lowest responsiDle proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said _--Y...aB___ i'ilv$.ng co. r- ___
lor furn1shing alr plant, labor,
services, materials and equfpment 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 u.s. Paving Co,
which said
contract was duly made and entered into on the 15th day of
Julv , 19-11-; and
WHEREAS, the said U.S. Paving Co.
has furnished all plant, labor,
serv1ces, materials ana-equipment and all utilities and trans-
portation, and perfo~ed 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 gealQd
proposals and in the detailed designs, ~ns, drawin~s, and
specifications prepared by the Depar nt of Publ1C Works
, and the contract made and entered into
wIth it by ~he City of Anaheim; and
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WHEREAS, the Di~QI: of P9li~ wfr~tJ
has duly certified to the construction an comp et10n 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 u.s. Pavinq Co.
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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
perfo~ance 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 ~nd 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, aqents 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 16'th _ day of ~ov!lftber , 1971 .
ATTEST:
~~ M
/?t. . ~~~..r--
CIT CLERK OF" THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 58 .
CITY OP ANAHEIM )
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I, DENE M. DAOUST, City CLerk of the City of
Anaheim, do hereby certify that the .foregoing Resolution No.
1lR-507 was passed and adopted at a ---- regular meeting
of the City Council held on the 16tb day of November , 19 71,
by the fallowing vote of the members thereof: -
AYES:
COUNCILMEN: Roth, Pebley, Thom and Stephenson
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Dutton
Pro-Tem
AND I FURTHER CERTIFY that the Mayor/Of the City of
Anaheim approved and signed said resolution on the 16th day
of November , 192L. -
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 16th day of
November , 1 9 11
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CIT LE K OF 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-507 duly
passed and adopted by the Anaheim City Council on November 16, 1971.
j)~ M !f2~"J~
City Clerk