64-453RESOLUTION NO,o 64R-453
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 ?OWER~ FUEL AND WATER,
AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM-
PROVEMENT~ TO WIT: THE IMPROVEMENT OF THE PARK
SITE AT UNDERHILL AVENUE AND SUNKIST STREET, IN
THE CITY OF ANAHEIM JOB NO~ 80~ ALTERNATE
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, om the 6th and 13th days of March .... ,
19 64 , a notice inviting ~aled proposals for furnishing the
f o%-l-~g:
Ail plant~ iabor~ 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 the Park Site at Underhill Avenue and Sunkist
Street, in the City of Anaheim, consisting of excavation,
including compacted embankment and disposal; construction of
3-inch and variable thickness A.C. pavement, including paint
binder, weed killer, fog seal coat and saw cutting; construc-
tion of Portland Cement Concrete curb, alley gutter, walks,
walls and slabs; removal of Portland Cement Concrete curb and
gutter; imported borrow, and appurtenant work as more particu-
larly set forth in the plans and specifications on file in
the Office of the City Clerk or City Engineer, Job No. 804.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department .... ,
and the notice inviting sealed proposals, w~ich said notice
specified that sealed p~oposals as specified in said notice would
be received up until ~
._~__o clock Po M. of the 19th day
of March , 19 64 , and which said notice di-~ state and
declare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had ascertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract, and did state that the prevailing hourly wage
scale so ascertained was on file in the Office of the City Clerk;
and
WHEREAS, on March ~_ , 19 6__4, at the hour of
2:00 o~clock Po 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, services,
materials and equipment, and all utilities and transportation, inm
c!uding power, fuel and water, and performing all work necessary
to construct and complete, in a good and worl~nanlike manner, in
~;~-_rict accordance with the specifications, plans and drawings there-
for 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
r>f said sealed proposals and ~]id make a report to the City Council
at its next -- regular meeting; and
W~Et~AS~ the City Council of the City of Anaheim did, at
its next -- regular meeting, held on the 24th day of
March , 19 64 , at the hour of 1:30 o'clock 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 PEBLEY BROS., 649 Carleton, Anaheim,.
Califormia, _ for the construction,
installation and completion of sai~ improvement of the Park Sit~ at
~nderhill Avenue and Sunkist Street, J~b N01 804~ Alternate No. 2,
hereinabove mentioned and described, was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said PEBLEY BROS.
for furnishing all plant, labor, ser-
vices, 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, the said pub-
lic 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
FEBLEY BROS.
~ich said contract was duly made and entered into on the
day of March , 19 64 ; and
25th
i~HEPgAS, the said PEBLEY BROS.
has furnished all plant, labor, ser-
vices, materi~-i-s and equipment and all utilities and transportation,
and performed all work necessary for the construction and completion,
in a good and workmanlike manner, in strict accordance with the speci-
fications, 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 ___~ by the City of Anaheim; and
~EP~AS, the Director of Public Works has duly
certified to the construction and completion of said public improve-
ment hereinabove mentioned and described, in accordance with the
plans and. specifications and the contract documents duly made and
entered into with said PEBLEY BROS.
._ ; and
WHEREAS, the City Council finds that said contractor has
completed said public improvement hereinabove more particularly des-
cribed 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.
-2-
NOW~ ~HEREFORE~ BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, service~, mat~erial5
and equipment and all utilities and transportation~ and the
formance of all work necessary to construct~ install and compl~.~,
in a good and wor~anlike manner, in strict accordance with tb~
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 hereinabove more
particularly described and set forth, in the City of A~ahei~? 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 contractor for
said work be paid to __~ 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
~he filing of notice of completion, excepting only such sum or sums
as may lawfully be withheld in accordance with the provisions of
~aid contract and contract documents. That acceptance by the con~
tractor of said payments made in accordance with sai~ 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 employees, excepting only claims against the
City for any amounts withheld by the City at the time of such payment~
AND BE IT FURTHER RESOLVED that the Mayor and the City Cl~rk
of the City of Anaheim be, and they are hereby authorized to executa
and file a notice of completion of said work as r~equired by law.
23rd
ATTEST~
THE FOREGOING RESOLUTION is approved and signe~ by me this
day of June
MAYOR DF THE IS,ITY- ~~~TM
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ DENE M. WILLIAMS , City Clerk of the City of
Anaheim, do~h~-~-~ certi-~-~att~regoi~g resolution was {ntro~
duced and adopted at a -- regular meeting provided by
law of the City Council of the City of Anaheim, held on the ~~
day of June , 19 64 .
AYES~
COUNCILMENo° Dutton, Schutte, Krein and Chandler
NOES;
COUNCILM~N; None
ABSENT; COUNCILMEN ~ None
ABSTAINED: COUNCI L~EN: Pebley
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the _~rd day of ~J_~ne __
19 64
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 23rd
of June__, 19 64
(SEAL)
day