Loading...
72R-031 RESOLUTION NO. 72R- 31 .. '........ 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 PARK VISTA STREET - STREET IMPROVEMENT PROM APPROXIMATELY 400 FEET HORTH OF DUTCH AVENUE TO DUTCH AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 624-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 June 24th and July 1 , 19 71 , a not1ce 1nVl.tl.ng sealed proposals for furnish1ng the following: All plant, labor, services, materials and equipment, and all ut~lit~es 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 Park Vista Street - Street improvement from approxima~ely 400 feet north of Dutch Avenue to Dutch Avenue, in the City of Anaheim, consisting of excavation; construction of p.e.c. curb and gutter, sidewalk, cross gutter and spandrels, COD- struction of asphalt concrete pavement over .native soil 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. 624-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works ~eDartment 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 8th day of Ju1v , 19 71 , and which said notice did state and WHEREAS, on July 8 , 19 71 , at the hour of 2:00 o'clock P.M., the City Cle~nd the Cfty 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, 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 13th day of JUl.y , 1971 , 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 the"reupon find and determine that the sealed p~oposal submitted by R. W. MC CLELLAN , SONS, I.~__ 151 Cammerc1a1 Way, Costa Mesa, California for the construct1on,-rnstarration and completion of sa1dpA(k Vista st. - St. Improve. from approx. 400'-!Lo Dutch ~~o Dut~h A~~ C1ty 0% Anahe~, w. O. No. 624-A here1nabove mentioned and described, was tne lowest responsL6re proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. W. MC CLELLAN & SONS. INC. lor ~urnishing all plant;-Ia6or;--- services, materfals and equIpment 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 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 _R. W. MC Ct.iT.tr~ & SO~l' INC. wh1ch sa1 contract was duly made and entered into on the -15th day of July , 19.2!-; and WHEREAS, the said ~C C~LLAN , SOJ:ia. TN~ ~nishe arr plant, labor, ierv1ces, mater1als and equipment and all utilities and trans- portation, and perfo~ed 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 Publ~c Wor~ Qep~&Dt , and the contract made ana-entered into with it by ~he City of Anaheim; and WHEREAS, the Director of Public wyr~, _ has duly certified to the construction and comp et10n of said Dublic imorovement 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 tne 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 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 d~awings 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 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 that the Mayo~ and the City Clerk of the Ci t.y of Anaheim be, and t.hey are hereby" .aut.horized 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 25~h day of Janua~y , 19~_. ATTEST: [) 'M fl--.-..J- ~ERK OF THE CITY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) ........... I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-31 was passed and adopted at a reqular meeting of the City Council held on the 25th day of January , 1971 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 25th day of January , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of January , 19 71 . ~k j)~ CIT C RK OF THE CITY OF 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. 72R-31 duly passed and adopted by the Anaheim City Council on January 25, 1972. L M. LJA~ City Clerk ........