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1973-395 RESOLUTION NO. 73R-395 ,.,~ 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 LA PALMA AVENUE - FEE &~A STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 673-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 22nd da.y of FP-hrll;:Jrr ;:!nt1 the 1st day of March , 1973 , a notice invi ing 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 a.ll 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 La Palma Avenue - Fee Ana Street street improvement, in the City of Anaheim, consisting of asphalt concrete over aggregate base; adjust water valve box to grade; 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. 673-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the publ~C Work~ np~;:!rrmp~r and the notice inviting sea ed proposa s, wh1ch said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 8th day of March , 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- f"- tained the prevailing rate of wc:ges for each type of lc:bc:>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 -1- ..... I .,,,,-... WHEREAS, on March 8 , 19 73 ,:it the hour of _ " 2: 00__ 0' clock P. M , the CIty Clerk and t,he Cl t.y Engl neer of the Cl ty of Anabei m did open sa1d sealed proposa Is rece". ved .:tp to that tIme for t"he furnishing of all plant, labor, serV.lces. materials and equIpment, and all utlllties 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 speclflcations, plans and drawings therefor on f~le 1n the Off~ce of the Ci ty Clerk of the Cay of Anaheim, the pubL1C :improvement herelnabove more particul.:lr" y described and set forth, in public, J..n the Cl.ty CouncIl Chamber .in the City Hall ,Anaheim, CaLifornia, and the City EngIneer d'.>d tabulate the result of said sealed proposals and dId make a report to the CIty Council at its next - - - - - - - regu lar meetIng; and WHEREAS, the C.lty Councll of the City of Anaheim did, at its next - - - - - - - regular meet~ng, held on the 13th day of -March, 19 73 , at the hour of 1: 30 0 cioek P.M.~ consider the sealed proposals submitted for furnish~ng 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 EL CAMINO CONTRACTING COMPANY, P. O. Box 1416, Huntington Beacn, Cal~forn~a for the construction, lnstallation and completion of saId La paima Ave., Fee Ana St. street improvement, in the City of Anahelm, ]Work Order No. 673-A hereinabove mentloned arid descr:lbed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a cor-tract to said EL CAMINO CONTRACTING COMPANY for furnish~ng 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 strIct accordance with the specifications, plans and drawi.ngs, the said public improvement as specified in said notlce invlting sealed proposals, and did authorlze the Mayor and the Ci.ty Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with EL CAMINO CONTRACTING COMPANY which sdl,d contract was duly made and entered lnto on the 16th day of March , 19~; and f'~ WHEREAS, the said EL CAMINO CONTRACTING COMPANY has furnished all 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 De~artment , and the contract made an entered ~nto w~th it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and complet1on of sald 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 EL CAMINO CONTRACTING COMPANY ; and -2- /(i~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu"" 1ar1y described in accordance with the prov1sions of the contract and the contract documents, and that not1ce 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 performance of all work necessary to construct, install and com- plete, in a good and workmanlike manner, in strict accordance with the specificat1ons, 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 ma.de in acccrd.. 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- p1oyees, excepting only claims against the City for amounts F~ ':ti"" held by the City at the time of such payment. AND BE IT FURTHER RESOLVED tmat the Hayor 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 required by law. THE FOREGOING RESOLUTION is approved and signed by me 11th day of September, 19-23-. th1s ATTEST: i2c'U- Pr' j)~.A- CITY CLERK OF THE CITY OF ANAHEIM ""~ ( -3- - -- .-. 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-395 was passed and adopted at a regular meeting of the City Council held on the 11th day of September , 1912-, by the following vote of the members thereof: AYES: COUNCILMEN: Stephenson, Sneegas, Thom, Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution-on the 11th day of September , 19...ll-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of Sep tember , 19 --11- . iL- .ftr .~-u-J-- CITY CLERK 0 THE CITY OF ANAHEIM (SEAL) I, DENE M. D^OUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-395 duly passed and adopted by the Anaheim City Council on September 11, 1973. ~MM~ City Clerk -.