1968-519
RESOLUTION NO. 68R-5l9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHSIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LAOOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND !RAN SPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
\\ORK NECESSARY TO CONSTRUCT AND COMPLETE THE
ffiLLOWING PWBLIC IMPROVEMENT, TO WIT:
THE CONSTRUCTION OF A PARK STRUCTURE AT
MODJESKA PARK, 'AOOIYAQRTH ROAD AND NUTIDOD STREET,
IN THE CITY 0F ANAHEIM, 'AORK ORDER NO. 1056.
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 wits
The Anaheim Bulletin, on the 9th and 16th days of
November , 1967 , 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: Construction of a park maintenance
building, Building No.3, block construction, complete
in place at Modjeska Park, Woodworth Road and Nutwood
Street, in the City of Anaheim, in accordance with plans
and specifications on file in the Office of the City
Clerk or City Engineer, Work Order No. 1056.
in accordance with the designs, plans, profiles and specifications
prepared by Dan Rowland & Associates, 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 22nd day of November
19 67, 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 ascertained the prevailing rate of wages for
each type of labor needed to execute said contract, and did state
that the prevailing hourly wage scale so ascertained was on file in
the Office of the City Clerk; and
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WHEREAS, on November 22. , 1967 , at the hour of
2:00 o'clock PoM., 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 28th
day of November , 1967 , at the hour of 1:30 o'clock
P.Me, 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 TRIAD BUILDERS. INC..
9252 Garden Grove Blv4,~ Garden Grove. California
for the construction, installation and completion of said construction
of a park structur~ at J:vl~~~:s~a Park. Woodworth Road Non Nl1t-wo8n
Street, In thp C'it-y of AnNheim1 ,Toh #lOS6hereinabove mentione
and described, was the lowest respons1ble proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said 'l'EIAD BUILDER::;, INC.,
for furnishing all plant, labor,
services, 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
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 TRIAD BUILDERS. ~NC..
wh~ch said
contract was duly made and entered into on the 4th day of
December , 19~_; and
TRIAD BUILDERS, INC.
has furnished all plant, labor,
services, materials 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 Dan Rowland & Associates, Arcqitpcrs,
, and the contract made and entered ~nto
with __it __ by the City of Anaheim; and
WHEREAS, the said
WHEREAS, th~ Director of Publ~c Wo~ks
has duly certified to the construction an completion of said
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 TRIAD BUILDERS. INC..
; and
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WHEREAS, the Clty 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
wlth the specifications, plans and drawings therefor on file in
the Office of the Clty 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 sald 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 offlcers, 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 Nayor 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 lS approved and signed by me
thlS 20th day of AW;1ust , 19.6..8--'
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ATTEST:
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CI Y CLERK OF THE CITY OF AN~1EIM
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STAT! OF CALIFORNIA
(X)UlTY OF ORANGE
CITY OF ANAHEIM
)
) 55.
)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 68R-519 was int~-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 20th day of August, 1968,
by the following vote of the members thereof:
AYES: mUNCILMEN : Dutton, Krein, Schutte, Clark and Pebley
NOES: COUNCI LMEN : None
ABSENT: COUNCILMENs None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 68R-519 on the 20th day of August,
1968.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 20th day of August, 1968.
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^~1 M.IU~--/
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
68R-519 duly passed and adopted by the Anaheim City Council on August
20, 1968.
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Ci ty Clerk
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