Loading...
1975-472 .-""" RESOLUTION NO. 75R-472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEP~ING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: SLURRY SBAL APPLICATION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 100-421-241-02. 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 1.~ Ana etA days of May _, 19 75 , a noi:ice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, includinq 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: Slurry Seal application, in the City of Anaheim, consisting of the application of slurry seal, consisting of a mdxture of asphaltic emulsion, mineral aggregate, an accelerator and water, upon existing roadway surfaces at such locations indicated by and to the satisfaction of the Public Works Director and as delineated in the speci~ications on file in the Office of the City Clerk or City Engineer, Account No. 100-421-241-02. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , 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 15th day of Mav , 19 7S , and which said notice did ~. WHEREAS, on I,ja~ 15 , 19 75 , at the hour of 2: 00 0' clock P.M., t. e 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, servi- ces, materials and equipment, and all utilities and transporta- tion, 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 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 4id, at its next regular meetinq, held on the 20th day of May , 19 75 , 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 ~nd determine. that the sealed proposal submitted by FLEX-PAVING & ENGINEERING, INC., P. O. Box 308, Tustin, California 92680 for the construction, installation and comple'tion of .said Slurry Seal application, in the City of Anaheim, Account No. 100-421-241-02 hereinabove men~ioned and described, was the lOWest responsible proposal submitted there- for, and thereupon accepted said bid and did award a co~tract to said contractor for furnishing all plant, labor, services, material~ 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 man- ner, 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 wi th said contracto'r, which said contract was duly made and en~ered into on the 30th day of' 1-1ay , 19 75 ; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all ut:.ili t.iea and transportation, and performed all work necessary for ,the con- struction and completion, in a good and workmanlike. manner, in strict accordance with the specifications, plans and drawings ot said public improvemen~ as specified in the notic~ 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 said contractor by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said Dublic imDrovement hereinabove mentioned and described. in ......... ~iEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor au~horized 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 per- formance 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 provi- sions 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 evi- dence by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of com- pletion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said con~ract and contract documents. That acceptance by the contractor of said payments made in accordance with said final es~imate shall operate and shall be a release to the City of Anaheim, its offi- cers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for any~hing relating to the work or any act or neglect of the City, its officers, agents and employees, exceptinq only claims against the City for amounts withheld by the City at ~he time of such payment. AND BE IT FURTHER RESOLVED that the Mayor 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 is approved this 2nci day of Septelnher , 19 ~. me ........-. ATTEST: CI~~ ~rzt~~ ANAHEIM ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 88. CITY OF ANAHEIM ) I. ALONA M. HOUGARD. City Clerk of the City of Anahe1lll, do hereby certify that the foregoing Resolution No. 7SR-472 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Auahelm held on the 2nd day of September, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheia approved and signed said Resolution No. 75R-472 on the 2nd day of September, 1975. IN WITNESS WHEREOF. I have hereunto set DlY hand and' affixed the seal of the City of Anaheim this 2nd day of September, 1975. ~ )",. ~4-a4.,t- CITY" CLERK OF THE eI OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R-472 duly passed and adopted by the Anaheim City Council on September 2, 1975. tZe~ >-no ~_~aA~ City Clerk'