1974-494RESOLUTION NO. 74R -494
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 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: ;Tr_
14I'37_7 i.`)_, 3 1 r'+ TT
A I T7, I ,j T :`_3', CITY OF T 'A 1:7013X
ORDER 4O. 832.
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 27th day of June an phe
4th day of July 1974 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:
Repainting of eight field light towers and appurtenances,
and all outfield speaker horn structures of the_ Anab.eim.
inclucAng all plant, la_.:or, materials, al s, e qui"'?r'nt an,:7.. nec-
essary preparation for the repainting f? .rcor :anc._ with
the c C1a ications on file in to r 1C of .t'i_, .+'3.t7 ri7erk
or c i y n ine r 9r o. 33
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
of July 19 74 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 July llth 1974 at the hour of
2:00 o'clock. P M., the City Clerk and the City Engineer of
the City of Anaheim did open said sealed proposals received ap
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 dzawIngs
therefor on file in the Office of the City Clerk of the City of
Anaheim, the public improvement hereinabove more particular.y
described and set forth, in public, in the Cty Council Chamber
in the City Hall, Anaheim, California, and the City Engineer rind
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 July 1974 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 and determine that
the sealed proposal submitted by CLARKE PAINTING COMPANY, 2055
Top -o- the Walk, Norco, California 91760
Tor the construction, installation and completion of said repaint-
Stadium
ereina•ove mentioned
and escri ed, was the lowest responsi• e proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said
or urnis ing al p ant, 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 said contractor
which said
contract was du y made and entered into on the 1Rth day of
.Tuly 19 74 and
WHEREAS, the said ontractor
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 Public Works Department
and the contract made and entered into
with by the City of Anaheim; and
WHEREAS, the Director of Public Work
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 anntrantnr
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 con-
tract 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 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 contract
and contract documents. That acceptance by the contractor of
said payments made in accordance with said final estimate 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 anything relating to the work or any act or neglect of the
City, its officers, agents and employees, excepting only claims
against the City for amounts withheld by the City at the 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 and signed by me
this Bth day of October 19 7
ATTEST:
CITY CLERK OF THE C, Y OF ANAHEIM
R"OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 74R -494 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 8th day of October, 1974,
by the following vote of the members thereof:
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 74R -494 on the 8th day of October,
1974.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Anaheim this 8th day of October, 1974.
(SEAL)
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas
and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
>2 2 h
CITY CLERK OF THE CITI OF ANAHEIM
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No. 74R -494
duly passed and adopted by the Anaheim City Council on October 8th, 1974.
City Clerk G