1973-355
RESOLUTION NO. 73R- 355
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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 \'lATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE IMPROV&~ENT OF CONVENTION WAY AND WEST
STREET, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 676-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 Anapeim Bulletin, on the 12th and the 19th days
of Apr1l , 19 /3 , 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 improvement of Convention Way and West Street, in the
City of Anaheim, as follows: West Street - from 6001 +
north of Convention Way to Convention Way. Convention-
Way - from 5221 east of West Street to 981 east of West
Street. The work to be done consists of removal of con-
crete; excavation; construction of P.C.C. curb and gutter,
curbs, sidewalk, cross gutter; construction of asphalt con-
crete over aggregate base; import of select fill, suitable
for planting; 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. 676-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Departme~t
and the notice inviting sealed proposals, wh1ch said notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 olclock P.M. of the 26th day of
April , 1973 , 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 preva1l1ng hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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2 00 WHEREAS, on April 26 , 19 73 , /it t.he hour of
_ "-=---_ o'clock P.M. ,-the CIty Clerk and t.he Clf'.y Englneer of
the CIty of Anaheim did open sa~d sealed proposals recelved .:lp
to that tIme for t.he furnishing of all plant, labor, serVl ces.
materials and equIpment, and all utlll ties and transportatlor"
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 draw:..ngs
therefor on f~le l.n the Office of the City Clerk of the C:l t.y of
Anaheim, the public J.mprovement hereInabove more particula.r ~y
described and set forth, in public, ~n the C:lty CouncIl Chamber
in the City Hall, Anaheim, California, and the City Engl.neer did
tabulate the result of said sealed proposals and dId make a
report to the City Council at its next --------- regular
meet1ng; and
WHEREAS, the C.lty Council of the City of Anaheim did,
at its next ---------- regular meet~ng, held on the 1st
day of May , 19..-1..l.-, at the hour of 1:30 0 c1.ock
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 SILVERI & RUIZ CONSTRUCTION CO.,
_ 2742 W. Oran ethor e Suite Fullerton California 92633
for t e construction, ~nstallatlon and comp etion of saId improve-
ment of Convention Way and West Street in the Citb of Anaheim,
Work Order No. 676-A hereina ove mentIoned
arid desczlbed, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said _. _. SILVERI & RUIZ CONSTRUCTION C~,
for furnis ing 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, pl.ans and
drawi.ngs, 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
SILVERI & RUIZ CONSTRUCTION CO.
contract was duly made and entered Into on the jrd
May , 19-1I-; and
WhICh sal,d
day of
WHEREAS, the said SILVERI & RUIZ CONSTRUCTION CO.
has furnished all plant, labor,
serVIces, mater~als 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 Department
, and the contract made and entered into
w~th it by the City of Anaheim; and
WHEREAS, the Director of Public workf
has duly certified to the construction and completion 0 sa1d
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
SILVERI & RUIZ CONSTRUCTION CO. ; and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particIJ"
larly described in accordance with the prov1sions of the contr~cL
and the contract documents, and that not1ce of completion should
be filed and payment of the balance due said contractor authorLzed
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 te~ms, conditions and provisions
of the contract documents, and that ,the balance due said con-
tractor for said work be paid to 1t 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 ",'1 tb,"
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED tihat the Mayor and the C1ty
Clerk of the City of Anaheim be, and they are hereby authorized
to execute and file a notice of completion of said work as
requ1red by law.
THE FOREGOING RESOLUTION is approved and signed by me
th1s 21st day of August , 19 73 .
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 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-355 was
passed and adopted at a regular meeting of the City Council held
on the 21st day of August , 19..11-, by the following
vote of the members thereof:
AYES: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom,
and Dutton
None
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 21st day of
August , 19~
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 21st day of
Aup;u$ t , 19 --.1l... .
~ Pt. >>~
CI Y 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-355 duly passed and adopted by the Anaheim City Council on
August 21, 1973.
iL )no j)~
City Clerk
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