71R-419
RESOLUTION NO. 71R- 419
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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:
THE DALE AVENUE STREET IMPROVEMENT FROM APPROXI-
MATELY 207 FEET SOUTH OF TO APPROXIMATELY 992
FEET SOUTH OF LINCOLN AVENUE, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 6l5-A.
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 the 17th and the 24th days
of June , 19 71 , 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:
The Dale Avenue Street improvement from approximately
207 feet south of to approximately 992 feet south of
Lincoln Avenue, in the City of Anaheim, consisting of
clearing and grubbing; excavation; construction of
p.e.c. curb and gutter, sidewalk, drive approaches and
driveways; construction of asphalt concrete pavement
over aggregate base, asphalt concrete pavement over
native soil and variable thickness asphalt concrete;
adjustment to grade of manholes and water valve boxes;
construction of concrete retaining wall; construction
of catch basin, lateral and p.e.c. collar; reseeding
lawns and appurtenant work as more particularly set
forth in the plans and specifications on file in the
Office of the City Clerk or City Engineer, Work Order
No. 615-A.
. ...-.,
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 1st day of
July , 19 71 , and which said notice did state and
,
............
WHEREAS, on July 1 , 19 71 , at the hour of
2:00 o'clock P.M., the City Clerk and the-crty 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 perfo~ing 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 13t.h
day of July , 19 71 _, at the hour of 3:..;30_ olcrock
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 O. E. HENDERSON CONST. CO.,
1905 E. 17th S~~San~a Ana~ California
for the construcEron,:rDstalration ana completion or-iifa---------
Dale Avenue street Improvement, Work Order No. 61S-A
-------- herefnabove mentioned
ana-described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said o. E. Henderson Canst. Co.
for furn1shing aIr plant;-!abor,
services, materials and equfpment and all utilities and transpor-
tation, including power, fuel and water, and perfo~ing all work
necessary to construct and complete, in a good and workmanlike
manner, in strict accordance with the specifications, plans and
drawinqs, the said public improvement as specified in said notice
invitinq 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 o. E. Henderson
Canst. Co. ---- which said
COntraCt was duly made and enbered into on the-~th day of
July ______, 19~; and
WHEREAS, the said o. E. Henderson Const.. Co.
has rurnished all plant, labor,
&erV1ces, materiars ana-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 notiee inviting gealed
proposals and in the detailed designs, plans, drawings, and
specifications prepared by the Defartment of Public Works
, and the contract made and entered into
with it by ~he City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the-construct1on and completion of said
Dublic .imDrovement hereinabove mentioned 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
perfo~ance 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 herei~-
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 a~ounts with-
held by the City at the time of such payment. .
AND BE IT FURTHER RESOLVED u~at 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 and signed by me
this 14t:h day of September , 19.1L...
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ATTES'I~ :
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CIT CLERK OJ- THE CITY OF ANAHEIM
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STATB OF CALIFORNIA )
COUNTY 01' ORANGE ) SS .
CITY OF ANAHEIM )
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I, DERE M. DAOUST, Cit:y Clerk of 1:he City of Anaheim,
do hereby certify that the foreqoinq Resolution No. 71R-419 was
passed and adopted at a --------- regular meeting of the City
Council held on the 14th day of September , 19 71 , by the followinq
vote of the members aiireof: -
AYES:
COUNCILMEN: Roth, Stephenson, Thom and Dutton
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Pebley
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and siqned said resolution on the 14th day of September ,
19 -1.L.
IN WiTNESS WHEREOP, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 14th day of September, 19 71 .
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,i ~. M~.I~
CIT CLERK OF THE CITY OP ANAHEIM
(SEAL )
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 71R-419 duly
passed and adopted by the Anaheim City Council on September 14, 1971.
1L- ht: f)A~~
City Clerk
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