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69R-476 RESOLUTION NO. 69R- 476 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: IMPROVE~ffiNT OF UTILITY YARD (PHASE III) AT 901 EAST VERMONT AVENUE, IN THE CITY OF' ANAHEIM, WORK ORDER NO. 1952. 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 August 22 and Au1ust 29 , 19 68 , 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 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: Improvement of Utility Yard (Phase III) at 901 East Vermont Avenue, in the City of Anaheim, consisting of construction of Building LA,) a tilt-up or poured in place P.C.C. office and shop building; construc- tion of Building ~'D,' a prefabricated steel Parks and Recreation building; construction of a steel frame dock canopy; construction of P.C.C. gutter, curb and gutter and sidewalk; construction of asphaltic concrete parking area; construction of chain link fencing; construction of a slumpstone wall; grading and compacting of soil; con- struction of a flagpole, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk and City Engineer, Work Order No. 1952. in accordance with the designs, plans, profiles and specifica- tions prepared by Rose and Fears, Architects, and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said ,notice would be received up until 2:00 o'clock P.M. of the 19tn day of September , 19 68 , and which said notice did state and , WHEREAS, on __~~te~~er 12_, 19_68__, at the hour of _~OO 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, 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 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 did, at its next -- regular meeting, held on the 1st day of Octooer-----;-l9" 68 , at the hour of 1:30 o'clock P.M., consider~he-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 E. J. Tyreman Co., Inc., 1512 West Center Street, AnaheTm~-CallIornIa ror the constructron;~nstallat[on-and compretron -orsa:rcr----- i~Erovement ~ utilit,? lard~Pb.~se III~!-20l_~~~!_~er!!}on!-Aven~~, C1ty of Anane1m, wor~raer No. 1]3~ hereinabove mentioned ana-described, was the fowest respons[bre proposal submitted therefor, and thereupon accepted said bid and did award a contract to said ____ S . -1..:._.!YE~!!l~E_ Co..l Inc. ..- for furn1shing all plant, labor, services, materrars ana-eqUTpment 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 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 _E.-1..:.~eman Co..\. Inca. which said contractwas-duly made - and-enteredinto -on the--3rd day of _OctobeL___' 19 _68_; and ---- WHEREAS, the said ~..:.-J..:._l~gm~~5h~_lD~ has furn1shed all plant, labor, servfCes;:materra:rs-ana-equrpment 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 __~os~_~nd-Eears~rch~1~~~_--- , and the contract made and entered 1nto witi1:--It_ by EheCity of Anaheim; and WHEREAS, the Director of Public \Jorks has duly certified to theconstructIOn ana-complefion-ofsa:fd-- ~,hl~~ ~mnrn~TQmQn~ hprpin~hnvp mpntioned and described, in accord- 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 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. 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 with- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Hayor 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 12th day of August ~~p~oved and signed by me this ~ OF ANAHEIM ATTEST: STATE OF CALIFORNIA ) OOUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE iii. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-476 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 12th day of August, 1969, by the following vote of the members thereofa AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: OOUNCILMEN: None ABSENT: COUNCILMBh Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-476 on the 12th day of August, 1969. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of August, 1969. (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R~476 duly passed and adopted by the Anaheim City Council on August 12, '1969. 4L-~.~-;~ Ci ty Clerk