72R-160
RESOLUTION NO. 72R-160
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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 \-vATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE RED GUM STREET - CORONADO STREET STREET
IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 632-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 December 16 and
December 23, , 1971 , 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 Red Gum Street - Coronado Street street improvement.
On Red Gum Street, from Coronado Street to approximately
660 feet south of Coronado Street and on Coronado Street,
from approximately 272 feet east of to Red Gum Street,
in the City of Anaheim, consisting of excavation; con-
struction of asphalt concrete over aggregate base; removal
of concrete; installation of paddleboards; 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. 632-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by Department of Public Wor~s . .
and the notice inviting sealed proposals, wh~ch sa~d not~ce
specified that sealed proposals as specified in said notice would
be received up until 2 : o~ 0' clock P. M. of the JOt-h day of
December , 19 71 , an 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 w~ges for each type of l~b~r needed
to execute said contract, and d~d state that the preva~l~ng hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on December 30 , 19 71 ,at the hour of
2: 00 0 I clock P. M., the City Clerk and the City Engineer of
the City of Anaheim did open sa~d 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, ~n 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 _:-____..h.______ regular
meeting; and -
WHEREAS, the C~ty Council of the City of Anaheim did,
at its next _____.______.u regular meeting, held on the 4th
day of JanUary- , 19~, 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 fu~X PAVING CO., INC., 719 E.
Wardlow Road Lon Beach, Cal~forn~a
ror t e construct~on, ~nstallat~on an completion of sa~d Red Gum
Qj;. - Coronado St., street improvement, in the City of Anahe~m, Work
Order No. 632-A hereinabove mentioned
and described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said AMEX PAVING CO., INC.
for furnishing all plant, labor,
services, materials and equipment and all utilities and transpor-
tation, lncluding 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 M'ffiX PAVING CO., INC.
which said
day of
contract was duly made and entered into on the
Januarv , 19~; and
7th
WHEREAS, the said N4EX PAVING CO., 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 specificat~ons, plans and drawings of said
public improvement as specified in the notice inviting sealed
proposals and in the detailed des~gns, plans, drawings, and
specifications prepared by the Public Works Department
, and the contract made and entered into
with it by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction and completion of said
public in~rovement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said N1EX PAVING CO., INC.
; and
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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 prov~sions 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 transf~rtation, and the
performance of all work necessary to construct, install and com-
plete, in a good and workmanlike manner, in strict accordance
with the specificat~ons, 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 cfficers, agents and em-
ployees, excepting only claims against the City for amounts with-
held by the City at the time of such payment.
M~D BE IT FURTHER RESOLVED unat 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
25th day of April , 19-1..1:..-'
this
ATTEST:
[) )r lL~
~LERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. DAOUST, City Clerk o! the City of Anaheim,
do hereby certify that the foregoing Resolution No. 72R-160 was
passed and adopted at a regular meeting of the City Counc11 held
on the 25th day of April , 19~, by the following
vote of the members thereof:
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AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thorn and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 25~h day of
April , 19 72.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 25th day of
April , 19 72 .
~ ffi fl, -~
CIT CLERK 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.
72R-160 duly passed and adopted by the Anaheim City Council on
April 25, 1972.
fL- k fl~.J-
City Clerk
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