59R-5679
RESOLUTION NO, 5679
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT ~ LABORp SERVICES, MA-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
!Hr;~tMPROVEMENT OF DALE AVENUE. FROM LINmLN AVENUE
IO ORANGE AVENUE. PROJECT NO. 70,
WHEREAS." the CUy Oounc:U of the City of Anaheim did
cause to be published in a newspaper of general circulation,
prlntedp pubH.shed and ci.rculated :in the City of Anaheim, to wit:
TheSAnahelm Gazette, on the 30th day of Jllly A. the hth n::lY 1'\1' Aygust,
19~. a eotloe 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 Improvement
of Dale Avenue, from Lincoln Avenue to Orange Avenue,
by grading, paving, construction of storm drain
facilities, curb and gutter, and appurtenant work
as indicated on the plans, Project No. 70,
1n accordance with the designsD plans. profiles and specific&-
tions prepared by Thornton E.-Efp.r~all, C.fty Engineer,
and the notice inviting sealed proposalse which said notice speoi-
fied that sealed proposals as specified in said notice would be
received up until 2:00 o.clook P.M. of the <~,20th day of
August. >> 19~" and w~ich 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 asoertained
the prevailing rate of wages for eaoh type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
scale so ascertained; and .
WHEREAS, on" AU~ll}..t~ . 19..5L. at the hour of
2:00 01 clock P.M,>> the City Clerk and City Engineer of the
-1..
Oity of Anahei.m did Q,pen ;gald sea.\.ed proposals received up to that
time for the furnishi.ng of all plant" labor'>> services" materials
and equipment, and all utllit.l.ea ,and transportation>> Includi.ng
power j, fuel and water ,. and perform.Lng alJ work necessary to con-
struct and complete i In a good at:uworkmanllke manner, in strict
accordance w:l.th trll,' 8P<i)c:Lrl~at lor,s.. plans and drawings therefor
on file the OffL;\(; of the (J Olerk of' the City of Anaheim,
the publ1.o im!:orC!'iemem he(e~ " more particularly desoribed and
set forth in p,),bl J tnt! Gcu.no'll Chamber in the City Hall,
Anaheim, Cal1forr,ja, and t.h() Engineer dld tabulate the result
of sa1,d sealed proposals ahd eLl d make 11 report to the C1 ty Council
at its next o~",.""'~. C<. n "~n:r;eg1Jl..a.r meeti.ng; and
WHEREAS, the City Co"noil of the City of Anaheim did. at
its next~.~~~~~o_._n<'~'.n ~regula.t meeting;, held on the 25th day
of ~AuJl.!!~t'_~""".nn'nn~' J9..~c:L, a'" the hour of .7:00 oBclook P.M.,
conslder the sealed pn:;pivsaJs 8Jbm:itte:i for furnishing the materi-
als and pe:rforml.Lg the work. j:,,,n"td.nabove more partioularly described
and set forth, and dld there~p,;n f'lnd and determine that the sealed
proposal. submjtt.edG:QQQ.g:nA,~qH~9j:DE~C.JJ. luoui) Century
Bou I ev~1' d ~.. Sarl t ~n_~nan.!.....f.o~1 i fQ.LIl i a~.~_~.__..
for the ccmstruct:ion installation and completion of said Dale Avenue
ImprovementL.JE,om LITlcoln Axenue. to Oranqe Avenue. Pro 1ect No. 70
hereinabove mentt,;,ned and desoribed, was the lowest responsible
proposal submltted thert1f'or>> and thereupon accepted said bid and
did award a c;ontra,;:t to saldg~g<!~.8. Sdlr()eder...t Inc.,
~c=--~"==,<"__=~..o,.,,,.=.__..<._..,=,,"_,,,,.,...,~'_.__'_~""._,, ,,"","'.'=-_""-' ~=',,='...'"..' .,. .~-.,,' "'c. "-.r__ _~=..-, =- '--"--"=~-'-"=-- =,=----~
for furnishing all plant!J Lab.ry.r" ser'rricee" materials and equipment
and all uttlitlesar;d transportatJ.on, including power>> fuel and
water" and performing a11 work necessary to construct and complete,
in a good and workmanl1ke manner ... In strio t accordance with the
speci.floatio!1s? plans,. and dr.awLigsr the Bald pUblic improvement as
specified In sajd notice invlt 8~"aied proposals, and did author-
ize the Mayor and the C:'i.ty Clerk the CUy of' Anaheim to execute
a contract for and on. behaif or the GUy of Anaheim with
Goode & Schroeder Inc.
~_~~..,_.__~~~.~~~o.~__..~~~<_.~_..~..4__.~~,..~__~.__.. _~_~~...~o_ ._.
which said contract was duly made and entered into on the 27th
day of ~~A~.s.ust~_.~n",_"~_~_'! 19_.,5.2._...>> and
WHEREAS, the said_~_g9.osI_~.& Schroeder. In~.
has furnished all
plan t. -fa:bor -~--s-er\; i )~.e-;,---mat erials---and' e q uipmen t and all ut ili tie s
and transportat:1oI!., and performed ,all work necessary for the con-
struction and complet;lon,) 1.:'1 a good and workmanlike manner, in
striot aocordance wlth the Bpecl:flcatlonsp plans. drawings. of said
publl.c :lmprovement as specif1.ed the notice inviting sealed pro-
posals and in ie,he det.al1. deslgr:, plans" profiles. drawings and
specificati.ol18 prepared by ".Thor_uton L-,. Pi",f''''~ 11, rfty Enginp.p.f',
. and the contract made and entered
lntowfth"_Ir=.::~-__by~theCTty of Anaheim>> arid
WHEREAS, the~,~.~Jt~~~. ...,_has duly
certified to the ccm.struct1ol1i and completion of said pUblic improve-
ment hereinabove mentioned and described, in accordanoe with the
plans and specificat:t.ons and. the contract docurnerrts duly made and
entered into wltb said ..... G9~jL~.~~br.Q~U'4 Inc.,..~
_~,~..",..,.,...",y--"""_=,,,,~"~.__,~; and
WHEREAS, the City OOI).ncl1 finds that said contractor has
completed said publlo lmprovement hereinabo'le more particularly de-
scribed in accordance with the pro\l.1.s1ons of' the contract and the
contract documents. and that not:l.:;:€) of completion should be :filed
and payment of ttJe baLance d1.l.e satd contractor authorized in accord-
ance w:tth the Qontrac.t dOCUIL1lI,mt;s.
=2=
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 complete, in a good
and workmanlike manner, in strict accordance with the specifica-
tions. plans and drawings therefor on file in the Office of the City
Clerk of the City of Anaheim, together with the appurtenances
thereto. said publlc improvement hereinabove mOre particularly de-
scribed and set forth, in the City of Anaheim, by said contraotor,
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 contractor 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 com-
pletion9 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 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 any 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 8th day of December , 19..5.2-0
,.~t;;~~i1~~IM
A~ST: PRO TE~
~ h.k~~
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s 0
OITY OF ANAHEIM )
IE DENE M. WILLIAMS , City Olerk of the Oity of
Anaheim, do hereby certify that the foregoing resolution 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 December , 19~, by the following vote:
AYES:
NOES:
COUNCIIJIEN: Pearson, Thompson and Fry.
COUNCILMEN: None.
ABSENT: COUNCILMEN: Coons and Schutte.
AND I FURTHER CERTIFY that the MaYb~O JtMthe City
Anaheim approved and signed said resolution on the 8th
December D 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 8th day of
December . 19~0
of
day of
( SEAL )
/1 / ) _ / '-; c::r------ .
.(~ //1. U/~<<-.,..?~
CITY CLERK OF THE CITY OF ANAHEIM
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