1973-587
RESOLt1l'ION NO.
73R-587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIH FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, ~~TERIALS 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, 'ro WIT:"
THE WALNUT CANYON CHANNEL REPAIR, N/O ANAHEIM
HILLS ROAD, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 2065.
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 4th and the 11th days of
October , 19~, a notice inviting sealed
proposals for furnishing the fOIIOWing:
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 Walnut Canyon Channel repair, N/o Anaheim Hills Road,
in the City of Anaheim, consisting of the reconstruction
of approximately 2500 S.P. of P.C.C. channel lining
including reinforcing steel, subgrade preparation, haul--
away and disposal and all other appurtenant work as shown
on the plans and delineated in the specifications on file
in the Office of the City Clerk or City Engineer, Work
Order No. 2065.
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 not~ce
specified that sealed proposals as specified in said not1ce would
be received up until 2: 00 0' clock P.M. of the 18th day of
o t b 1973, and which said notice did state and
de~l~r:rthat, ~ursuant to the provisi~ns of secti~n 1770 of the
Labor Code the City Council of the C1ty of Anahe1m had ascer-
tained the' prevailing rate of wages for each type of l~b?r neede~
to execute said contract, and did state that the preva1l1ng ~our Y
wage scale so ascertained was on file in the Office of the C1ty
Clerk; and
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WHEREAS, on October 18 , 19?~, at the hour
of 2:00 o'clock P.M."the City Clerk and the City Engineer
of the City of Anaheim did open said sealed proposals received
up to that time for the furnishing of all plant, labor, servi-
ces, materials and equipment, and all utilities and transporta-
tion, 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 Clerk of
the City of Anaheim, the public improvement hereinabove more
particularly described and set forth, in public, in the City
Council Chamber in the City Hall, Anaheim, California, and the
City Engineer did tabulate the result of said sealed proposals
and did make a report to the City Council at its next
regular meeting; and
WHEREAS, the City Council of the City of Anaheim
at its next ______ regular meeting, held on the 2frd
of October , 19 73 , at the hour of 1:30 . o'c ock
consider the sealed proposals submitted for furnishing the
materials and performillg the work hereinabove more particularly
described and set forth, and did thereupon find and determine
that the sealed proposal submitted by K.E!C. COMPANY, 22018
S. Norwalk, Hawaiian Gardens, California 90716
for the construction, lLnstallation and completion of said
Walnut Canyon Channel repair, N/o Anaheim HillJL_Road, in the
City of Anaheim, Work.Order No. 2065
did,
day
P.M.,
hereinabove mentioned and
described, was the lowest responsible proposal submitted there-
for, and thereupon accepted said bid and did award a contract
to said contractor for furnishing all plant, labor, services,
materials and equipment and all utilities and transportation,
including power, fuel and water, and performing all work neces-
sary to construct and complete, in a good and workmanlike man-
ner, 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 City Clerk of the City of Anaheim to execute a contract
for and on behalf of the City of Anaheim with said contractor,
which said contract was duly made and entered into on the 6th
day of November , 19 73 ; and
ffiIEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and performed all work necessary for the con-
struction 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 with said contractor by the City of Anaheim; and
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WHEREAS, the Director of Public Works
has duly certified to the construction and completion of said
public improvement hereinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into with said contractor; 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 con-
tract 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 per-
formance 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 provi-
sions of the contract documents, and that the balance due said
contractor for said work be paid to said contractor thirty-five
(35) days from and after final acceptance of said work as evi-
dence by the adoption of this resolution, but not sooner than
thirty (30) days after the date of the filing of notice of com-
pletion, 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 accordance with said final estimate shall
operate and shall be a release to the City of Anaheim, its offi-
cers, 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 employees, excepting only claims
against the City for amounts withheld by the City at the time
of such payment.
AND BE IT FURTHER RESOLVED that 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.
THE FOREGOING RESOLUTION is approved and signed by me
this 18th day of December , 1973 .
ATTEST:
LJ?Lil~1<~
CITY CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-587 was
passed and adopted at a regular meeting of the City Council held
on the 18th day of December , 1973 , by the following
vote of the members thereof: ---
AYES: COUNCIU~EN:
NOES: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom
and Dutton
None
ABSENT: COUNCILMEN:
None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 18th day of
December , 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this _~8t~_ day of
December I 19 73 .
L3f.1J~
CITY 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 Reso1utio~ No.
73R-587 duly passed and adopted by the Anaheim City Council on
December 18, 1973.
~,# AJ~
City Clerk
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