1973-104
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RESOLUTION NO. 73R-I04
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 WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE KATELLA AVENUE STREET IMPROVEMENT FROM
HASTER STREET TO WALNUT STREET, IN THE CITY
OF ANAHEIM, WORK ORDER NO. 657-B.
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 19th ~ th~ 2~~ dAY. nT
October , 1972 , a not1ce nV1t1ng 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 Katella Avenue street improvement from Haster Street
to Walnut Street, in the City of Anaheim, consisting of
concrete removal; construction of P.C.C. curb and gutter,
sidewalk and driveway approach; heater-planing pavement
adjacent to existing concrete and join lines; pretreatment
of existing bituminous surface and applying rejuvenating
agent; construction of 1" variable thickness asphalt con-
crete; adjusting to grade of manholes, water valve boxes
and survey monument boxes; install traffic loops and sensors:
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. 657-B.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works De~nt. . '
and the notice inviting sealed proposals, wh-rch sa1d not1ce
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 2nd day of
Noy.mher , 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
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WHEREAS, on November 2 , 19 72 ,':It the hou.r of
1: 30 0 I clock P. M" the Cl ty Clerk and t.he Clt.y Engl neer 01
the CIty of Anaheim dId open sald sealed proposals rece.ved IIp
to that tlme for t.he furn! shing of all plant, labor, serVI ces .
materials and eqlllpment, and all utlllties and transportatlor"
l.ncluding power, fuel and water, and performing all work neces'-
sary to construct and complete, .In a good and workmanlike manner.
ln strict accordance wIth the speclflcation&, plans and drawings
therefor on flle In the Office of the Ci ty Clerk of the Clt.y of
Anahelm, the pubilC l.mprovement herelnabove more particlll~.r'.y
described and set forth, 1n public, in the C.tty Councl./.. Chamber
in the City Hall, Anaheim, California, and the City Engl.neer d1d
tabulate the result of said sealed proposals and dId make a
report to the Clty Council at ltS next ----------- regular
meetlng; and
WHEREAS, the Cl"ty Councll of the City of Anaheim did,
at It.S next --------------regular meetlng, held on the 7th
day of November , 19~, at the hour of l:iP o'clock
P.M., consider the sealed proposals submitted for urnishing 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 CONN O. MICHAELS.
P.O. Box 1871 Ne rt ch
lor t e constructlon, lnsta atlon
Ave. street. rovement from Ha S
o An elJll WOrk Order No. 657-B erelna ove mentIoned
arid descrlbed, was the lowest responslble proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to saId DONN O. MICPAF.TS
for lurnishlng all plant, labor,
servlces, materials and equipment and all utilities and transpor-
tatlon, Including power, fuel and water, and performing all work
necessary to construct and complete, in a good and workmanlike
manner, in strlct accordance with the specifications, plans and
drawings, the said public improvement as specified in said notlce
lnvlting sealed proposals, and did authorlze 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
DONB O. MICRa F.r.s
contract was duly made and entered lnto on the
NOVAmher , 19~; and
1 nth
WhlCh sa1.d
day of
DRNB 0 ~CHAELS.
has urnishe aIT plant, labor,
serVlces, materlals 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 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 D~pa~~m~t
, and the contract mace anaentere lnto
wlth him by the City of Anaheim; and
WHEREAS, the said
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WHEREAS, the DiTAc~n~ ni' Pl!b1 it' ""~~A
has duly certified to the constructlon and completlon of
public improvement hereinabove mentioned and described,
ance with the plans and specifications and the contract
duly made and entered into with said
TlONN 0 MT("Ra.'RT.~
sal.d
in accord-
documents
; 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 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 Ci 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 specifications, plans and drawings therefor on file in
the Office of the City Clerk of the Ci~y 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 him 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 w~th-
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED ~at 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.
this
THE FOREGOING RESOLUTION is approved and signed by me
20th day of March , 19...1.3...-'
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. OR 0 THE CITY F ~AH~
ATTEST:
~~~~r
C CLERK F TH" CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COClIl'lY OP ORAllGE ) ss .
CITY OF ANAHEIM )
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I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-i04 was
pa.aed and adopted at a regular meeting of the City Council held
on the 20th day of March , 19 73 , by the following
vo~e 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
An~im apprO"led and signed said Resolution on the 20th day of
March , 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and
aff,:i.xed the seal of the City of Anaheim this 20th day of
~rch , 19~.
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CI OP THE CITY OP 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-104 duly
paS$ed and adopted by the Anaheim City Council on March 20, 1973.
12-L)1. ;{2~d-
City Clerk
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