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1973-117 RESOLUTION NO. 73R- 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEH1 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 BALL ROAD STREET IMPROVEMENT FROM APPROX- IMATELY 656 FEET EAST OF TO APPROXIMATELY 210 FEET EAST OF STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 662-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 the 9th d~s of November , 19 72 , 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 Ball Road street improvement from approximately 656 feet east of to approximately 210 feet east of State College Boulevard, in the City of Anaheim, consisting of excavation; construction of asphalt concrete over aggre- gate base or 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. 662-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Pub1ic Works Depar~~nt. . ' and the notice inviting sealed proposals, w 1ch sa1d not1ce 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 __ November l~., !.9 72 ,':It the hour of 2:00 o'clock P.M" the C~ty Clerk and the Cl~Y EngIneer of the CIty of Anaheim dl,d open sald sealed proposals rece':ved ..lp to that tIme for t.he furn1 shlng of all plant, labor, serV1 ces . materlals and equ1pment, and all utllltles and transportatlor" l.ncludlng power, fuel and water, and performing all work neces- sary to construct and complete, 1n a good and workmanllke manner. In strIct accordance wIth the speclf1catlons, plans and dra.....logs therefor on flle 1n the Offlce of the Ci ty Clerk of the Clty of Anahelm, the publ1C .tmprovement hereInabove more particul<lL'<Y described and set forth, 1n public, ].n the Cl.ty CouncIL Chamber In the City Hall, Anaheim, Cal.lfornla, and the CIty Eng1.neer d,d tabulate the result of said sealed proposals and did make a report to the CIty Council at lts next _________ regular meetIng; and WHEREAS, the Colty Councll of the Clty of Anaheim dld, at 1 ts next _-=--:----------- regular meetlng, held on the 21st day of November , 19~, at the hour of 1:~0 0 clock P.M., consider the sealed proposals submitted for urnishlng the materlals and performing the work hereinabove more particularly described and set forth, and did thereupon find and determlne that the sealed proposal submitted by EL CAMINO CONTRACTING COMPANY. P.O. Box 1416, Huntinqt~n Beach. calif~rn~a for the constructlon, lnstal ation and comp etlon of saId Ball Rd. st. improve. from approx 656' Elo to aoorox. 2~0' E/o St. College Blvd., CitE of Anaheim. w.O. No. 662-~ herelnabove mentIoned and descrl ed, was the lowest responslble proposal submitted therefor, and thereupon accepted said bld and did award a contract to sald EL CAMINO CONT~CTING 90MPANY or furnishing all plant, labor, servlces, materlals and equipment and all utilities and transpor- tatlon, lncluding power, fuel and water, and performing all w~rk necessary to construct and complete, ~n a good and workmanlike manner, in strlct accordanCe wlth the specifications, plans and drawings, the said public Improvement as specified in said notlce lnvlting sealed proposals, and did authorIze the Mayor and the Ci.ty Clerk of the Clty of Anaheim to execute a contract for and on behalf of the City of Anaheim wlth EL CAMINO ~ONTRArTTNr. r~~ANv contract was duly ma e and entered Into on the NovF!mhp'r , 19..::1.2.-; and ?7~Q wh:Lch saJ.d day of WHEREAS, the said EL CAMINO CONTRACTING COMPANY has furnlshed all plant, labor, serVlces, materIals and equipment and all utilities and trans- portat:Lon, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the speclfications, plans and drawings of said publ:LC improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specificatlons prepared by the Public Works Department , and the contract made and entered lnto wlth It by the CIty of Anaheim; and WHEREAS, the Director of Public ,0rl$S has duly cert:Lfled to the construction and comp et:Lon 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 sa:Ld in accord- documents ; and -2- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particlJ larly described in accordance with the prov~sions of the contracL and the contract documents, and that notlce of completion should be filed and payment of the balance due said contractor authorized ~n accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the C~ty 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 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 accnrd. 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 \"1:. ,I" held by the City at the time of such payment. AND BE IT FURTHER RESOLVED tthat the Mayor and the Clty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as requ~red by law. THE FOREGOING RESOLUTION is approved and signed by me thlS 27th day of March , 1973 ATTEST: ~ )no j)~ C Y LERK OF THE CITY OF ANAHEIM -3- """"__.C" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55. CITY OF ANAHEIM ) --...,. I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-117 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, Thom 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 E- 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 ~)n, j)~ 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. 73R-117 duly passed and adopted by the Anaheim City Council on March 27, 1973. ~ Jn f)~ , City Clerk '-,