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1973-118 RESOLUTION NO. 73R- 118 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 ~\'ATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE GROVE STREET STREET IMPROVEMENT FROM LA PALMA AVENUE TO APPROXIMATELY 1485 FEET SOUTH OF LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 664-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 the 2nd and 9th days of November ,1972, 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 Grove Street street improvement from La Palma Avenue to approximately 1485 feet south of La Palma Avenue, in the City of Anaheim, consisting of excavation; clearing and grubbing; construction of P.C.C. cross gutter; con- struction of asphalt concrete over native soil; 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. 664-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public ,Works, and the notice inviting sealed proposals, wh1ch sa1d notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 16th day of November ,19 72 ,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 w~ges for each type of l~b~r needed to execute said contract, and d1d state that the preva111ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- ,.- WHEREAS. on __ Nov~er lL-, 1.9 _"Z2--,:lt the hour of - .~_ 0' clock P. M., the Cl ty Cle rk and t.he C.l ',y Engl nee r of the CIty of Anaheim dl.d open sald sealed proposals rece',ved .Jp to that tIme for the fUrnlSh:lng of all plant, labor, servIces. materIals and equIpment, and all utIlIties and transportatlor;, IncludIng power, fuel and water, and performing all work neces- sary to construct and complete, In a good and workmanlIke rnan~er. In strIct accordance wIth the speclf1.cation&, plans and draw~nqs therefor on fIle 1n the OffJ.ce of the Ci ty Clerk of the en,:! of AnaheIm, the pUblIC "Improvement hereInabove more particulClL' '1' described and set forth, 1.n public, In the Clty COUnCI! Chamber In the City Hall, Anaheim, Ca1lfornla, and the Clty Engl.neer d;d tabulate the result of said sealed Froposals and d.ld make a report to the CIty Council at Its next ________ regular meetIng; and WHEREAS, the CIty CounCIL of the CIty of Anaheim dId, at I ts next -------- regular meetIng, held on the 21st day of November , 19 72 , at the hour of 1:30 0 cIock 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 EL CAMINO CONTRACTING COMPANY, P.O. Box 1416, Huntin ton Beach California fo:r: t e constructIon, Insta latIon an comp etion of saId Grove St. street im rove. from La Palma Ave. to a rox. 1485' SoLa Palma Ave. In the Cit of Anaheim w.O. No. 664-A erelna ove mentIoned and escri ed, was the lowest responsl ~e proposal submitted therefor, and thereupon accepted said bId and did award a cor.tract to sald EL CAMINO CONTRACTING COMPANY 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 CI.ty Clerk of the Cl ty of Anaheim to execute a contract for and on behalf of the City of Anaheim WIth E~ CAM~O CONTRACTJ~G COMPANY contract was du y ma e and entere Into on the November , 19~; and Wh1Ch sa~d 2R~h day <.1f WHEREAS, the said For. rAMT~g ~n~!A~~TN~ C.OMPANY has furn1s e a plant, labor, serV1ces, materIals and eqUIpment and all utilities and trans- portatIon, and performed all work necessary for the construction and comp1etj.on, 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 the Public Works Department , and the contract made and entered 1nto w1th it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completIon of public improvement hereinabove mentioned and described, ance with the plans and specifications and the contract duly made and entered into with said EL CAMINO CONTRACTING COMPANY saId in accord- documents ; and -2- ---~--._._... '-""'...11 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 tmat the MayO:L' and the C~ ty 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 27th day of M;:lrr.h , 19-1.3.-. ATTEST: ~ .-6ftJ~ . OR OF TIlE or OF AN':;' -- M U-~~ C TY 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. 73R-118 was passed and adopted at a regular meeting of the City Council held on the 27th day of March , 19 73 , by the following vote of the members thereof: --- 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 27th day of March , 19 73 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of March , 19 73 . ~, ~ i7~ CIT CLE OF 'l'HE ITY 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. 73R-118 duly ,a..,d and ado",d by ,h, Anah,im Ci~i1 on Moroh 27, 1973. .' )r ;Q/1~ City Clerk