1973-289
RESOLUTION NO. 73R- 289
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIH 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 HARBOR BOULEVARD SEWER IMPROVEMENT FROM
APPROXIMATELY 245 FEET SOUTH OF TO APPROXIMATELY
500 FEET SOUTH OF VERMONT AVENUE, IN THE CITY OF
ANAHEU1, WORK ORDER NO. 1244.
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 12th and 19th days of
April , 19 73 , 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 Harbor Boulevard sewer improvement from approximately
245 feet south of to approximately 500 feet south of Vermont
Avenue, in the City of Anaheim, consisting of the construc-
tion of approximately 304 L.P. of 8U V.C.P., manhole, trench
resurfacing, 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. 1244.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Departm~nt .
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 26th day of
April , 19 73 , 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 wages for each type of l~b~r needed
to execute said contract, and did state that the preva1l1ng ~ourly
wage scale so ascertained was on file in the Office of the C1ty
Clerk; and
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~HEREAS. on __ Apr;il 26 .' 1.9 _2L-, 'it the hour of
_ 2 ~ 00 0 clock P. M., the Cl ty Clerk and t.he Cl't.y Englneer ot
the CIty of Anaheim did open sal.d sealed proposals recelved .lp
to that tlIne for t"he furnishing of all plant, labor, Serv,l ces.
materials and equlpment, and all utlllties and transpo.rtat J. or, ,
including power, fuel and water, and performing all work neces-
sary to construct and complete, "l.n a good and workmanlike manner,
In strict accordance w1th the specLflcations, plans and drawings
therefor on fl.le l.n the Of fice of the City Clerk of the Cl t.'l of
Anaheim, the publ.ic .'lmprovement herei.nabove more particul-lL<Y
described and set forth, in public, in the City CouncIl Chamber
in the City Hall, Anaheim, California, and the City Englneer d,>d
tabulate the result of said sealed proposals and dId make a
report to the City Council at its next ___________ regular
meetlng; and
WHEREAS, the C.lty Council of the City of Anaheim did,
at its next ------------- regular meetl.ng, held on the 1st
day of f.1fay , 19~, at the hour of 1: 3~ 0 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 MUNOZ & SONS, 127 Topanga
_ Drive, Anaheim. CaltfOrpia 92804
for the construction, insta latl.on and completion of said Harbor Blvd.
sewer imprvrnt. from approx. 245 ' S/o to aoprox. 500' E/o Vermont St.
ill the Citfi; of Anaheim. w.o. #1244 hereinabove mentIoned
and descrl. ed, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to sald MUNOZ & SONr
for urnishing all plant, labor,
servlces, 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 strlct accordance with the specifications, plans and
drawings, the said public improvement as specified in said notlce
invlting sealed proposals, and did authorl.ze 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
14UNOZ & SONS
contract was duly made and entered into on the 3rd
Mav , 19 -1.l...; and
which sa1.d
day of
MUNOZ & SONS
has furnished all plant, labor,
services, materl.a1s 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 strl.ct
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
wl.th it by the City of Anaheim; and
WHEREAS, the said
,.."'--'"
WHEREAS, the Director of Public Works
has duly certified to the construction and completl.on of
public improvement hereinabove mentioned and described,
ance with the plans and specifications and the contract
duly made and entered into with said MUNOZ & SONS
sa.1d
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 provlsions of the contract
and the contract documents, and that notlce 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 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 v~ Lb'"
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED b~at 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
required by law.
THE FOREGOING RESOLUTION is approved and signed by me
thlS 17th day of July , 19-11-.
ATTEST:
,/j ~ 12
c~ OF TH~ ANAHEIM
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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-289 was
passed and adopted at a regular meeting of the City Council held
on the 17th day of July , 19.1..:L-, by the following
vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Pebley, Thom, and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Sneegas
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 17th day of
July , 19...lL.-.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 17th day of
July , 19~.
~n
- )x LYaff-~
ITY 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-289 duly passed and adopted by the Anaheim City Council on
July 17, 1973.
f2T'-L Pc iJa~
City Clerk
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