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1982-438 RESOLUTION NO. 82R-438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES 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 ANAHEIM THEME TOWERS AT THE ANAHEIM STADIUM, IN THE CITY OF ANAHEIM, ACCOUNT NO. 61-985-6325. WHEREAS, the City Council of the City of Anaheim did so- licit 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 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 construction of the Anaheim Stadium Theme Towers located at 1803 and 1807 Douglass Road, consisting of one three-faced 135' sign and one 2-faced 70' sign, Account No. 61-985-6325, in accordance with designs, profiles and specifications prepared by the contractor and approved by City Council. WHEREAS, the City Council of the City of Anaheim did, at its regular meeting held on the 2nd day of February, 1982, at the hour of 1:30 o'clock P.M., find, determine and accept the proposal submitted by Evans, McKenzie and Associates, 7557 Ramble Road, 11th Floor, Dallas, Texas 75231, for the construction, installation and completion of said Anaheim Stadium Theme Towers hereinabove mentioned and de- scribed 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 necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and draw- ings, the said public improvement as specified 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; and -1- "... ...~ ....-..-_;.:;ws.~. ...~. _... .~.~.. ~a'~ _..... ...................~........-....~~__.. WHEREAa, said contractor subsequently subcontracted. the work to West Coast Sign Service, Inc., 11694 Sheldon Street, Sun Valley, California 91352; and --' WHEREAS, the said contractor and subcontractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construc- tion 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 detailed designs, plans, drawings and specifications prepared by the contractor, and the contract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the Public Works Executive Director has duly certified to the construction and completion of said public 1m- prove~ent hereinabove mentioned and described, 1n accordance with the plans 'and specifications and the contract documents duly made and e~~ered into with said contractor; and ( WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in acco~dance with the provisions of the contract and the contract docu~ents, and that notice of completion should be filed and payment of the balance due said contractor authorized 1n 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 complete 1n a good and work~anlike manner, in strict accordance with the specifications, plans and drawin~s therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appur- tenances thereto,' said public improvement hereinabove more parti- cUlarly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, never- theless, to all the terms, conditions and provisions 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 evidenced by the adoption of this resolution, but not sooner ,than thirty (30) days after the date of the filing or notice or completion, excepting only such .sum or sums as may lawfully be withheld 1n accordance with the provisions of said contract and contract documents. That acceptance by the con- tractor o~ said payments made in accordance 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 ne~lect of the City, its officers, a~ents and employees, excepting only claims against the City for amounts withheld by the City at the time o~ such payment. AND BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute and file a notice of completion of said work as required by law. ,. -2- . . --. .....:..~.:.:..L-._.. ...Jf,~-".:_ . .. ......,- . _......_.; .._...... .~. _""""",,... ............... ...h~.. "',...'I6o-Q.,.....!..XJ....'=-.._;._~.........._..............'I.._.... ......_....._..... THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of August 19 82 , -. MAY~~~ ATTEST: /fm -3- _:, .""UII:.. ,.. . II.... .. ..... .~."t:.~...... ...... ...., .;#.:_..._.........J.o.~_.......__ _ ...~.~.Ji116 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-438 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of August, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R-438 on the 24th day of August, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of August, 1982. ~~.IA~ CITY ERK OF THE CITY F ANAHEIM ( SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-438 duly passed and adopted by the Anaheim City Council on August 24, 1982. ~.;. b.)~~/ CITY CLERK ........... ...~"'-""""""""'~~.:III..__... .._.~--....~. ~........~..