72R-364
RESOLUTION NO.
72R-364
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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 BROADWAY STREET IMPROVEMENT, EAST OF
GILBERT STREET, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 645-B.
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 April 27 and May 4
, 19 72, a notice inv1ting 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 Broadway Street improvement from Gilbert Street to
approximately 660 feet east of Gilbert Street, in the~City
of Anaheim, consisting of clearing and grubbing; exca ation;
construction of P.C.C. curb and gutter, sidewalk, ste s,
drive approaches and driveways; construction of reinf rced
concrete retaining wall; construction of catch basin;! in-
stallation of 18" R.C.P. lateral; construction of as~alt
concrete over aggregate base; relocation of yard ligh s;
resodding and reseeding of lawns; modification of la
sprinklers; and appurtenant work as more particularly I set
forth in the plans and specifications on file in the Office
of the City Clerk or City Engineer, Work Order No. 64~-B.
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in accordance with the designs, plans, profiles and spec~fica-
tions prepared by the De artment of Publi
and the notice inviting sea ed proposals, W 1ch sa1d not ce
specified that sealed proposals as specified in said not'ce would
be received up until 2: 00 0 I clock P. M. of the 11th I- day of
May / 19 72 , and which said notice did statel and
declare that, pursuant to the provisions of Section 17701 of the
Labor Code, the City Council of the City of Anaheim had ~scer-
tained the prevailing rate of w~ges for each type of l~b.r needed
to execute said contract, and d1d ~tat7 that the,preva1l ng ~ourly
wage scale so ascertained was on f11e 1n the Off1ce of t e C1ty
Clerk; and
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WHEREAS, on Ma1 11 , 19 72 , at the hour of
_2: 00 0' 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, ,~n 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 16th
day of May , 19 72 , at the hour of 1: 30 0' 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 and determine that
the sealed proposal submitted b~ John W. Tiedemann Co.,
P.O. Box 4{l69, Whittier, Cali3:0rn1.a ~UbUI
for the construction, installation and completion of said
Broadway Street improvement east of GilbertI Work Order
No. 645-B here nabove mentioned
and described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said John W. Tiedemann Co.
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 John W. Tiedemann Co.
which said
contract was duly made and entered into on the 18th day of
May , 192L) and
WHEREAS, the said John W. Tiedemann Co.
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 the Department of Public Works
, and the contract made and entered into
with it by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction and 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 John W. Tiedemann Co.
; and
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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 C~ty 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 l~aheim, 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 ~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 22nd day of Auqust , 19.-1..L.
ATTEST:
)n.f)~
RK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OP ORANGE ) ss .
CITY ,or ANAHEIM )
I, ORNE M. DAOUST, City Clerk of.the City of Anaheim,
do hereby certify that the foregoing Resol\lltion No. 72R-364 was
~s.ed and adopted at a regular meeting of 'the City Council held
on the 22nd day of August , 19 712 , by the following
votli of the IIlembers thereof: -
"
AYES: COUNCILMEN: Stephenson, Pe1:>ley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Sneegas
AND I PURTHER CERTIFY that the M,yor of the City of
Anahaim approved and si~ned said resolutio. on the 22nd day of
._lUst , 19 7 .
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IN WITNESS WHEREOP, I have hereWllto set my hand and
aff~JCed \he seal of the City of Anaheim this 22nd day of
! .' !ug\'1,st , 19 72 . -
~ ~ANABEIM
(.J)EAlt)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 72R-364 duly
passed and adopted by the Anaheim City Council on Aiugust 221,. 1972.
4. ft J2~
City Clerk
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