Loading...
59R-5669 RESOLUTION NO 0 _ 5nti2... A RESOLUTION OF THE CITY COUNCIL or THE CITY OF ANAHEIM FINALLY ACCEPTING THE OOMPLETION AND THE FURNISHING OF ALl.. PLANT. LABOR, SE.RVICES~ :MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER., FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT. TO WIT: l'JJE. HL2ROVEMENT OF WESTERN AVENUE. FROM 890 FE~T NORTH OF_BALL ROAD .TQ B~LL ROAD. PROJECT !~Jl~~,2lJ,..._~.~~..~__ ___._ WHEREAS, the Oity Cou~c11 of the City of Anaheim did Gause to De publloshed in a newspa.per or general oiroulation. printed, publtsb.ed and circula.ted in the City of Anaheim. to wiU The AnaheilIl Gazette,CJn the 16tlLand 23rd q,avs of Julv t 19.s2~~ a r;ctlce inv! tlng 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 Clerk or City Engineer of the City of Anaheim, the following publiC improve- ment, to wit: The Improvement of Western Avenue, from 890 feet North of Ball Road to Ball Road, by excavation, removal of existing material, construction of 4-inch plant-mix surfacing, including paint binder and weed killer, adjusting existing manholes to grade, remodeling existing driveways, installation of paddle boards, and appurtenant work as indicated on the plans, Project No. 74; in aocordance with the designs>>., plans>> profiles and IIIpeolflca.- tiQns prepared by ~ Thornton ~. PiersaLl, City Enginee~ and the notice inviting sealed proposals~ which 8aid notioe .paoi- fied that sealed proposals as speCified in said notice would be reoei ved u.p until cc 2: 00 o' clock PoX. of the~)Oth day of' Jul;! c. . ~. 19....2L~ and whioh said notice did state and declare that, pursuant to the provisions of Seotion 1110 of the Labor Gode" the Oi ty Council of the 01 ty of Anaheim had aso.rtain.d the prevailing rate of wages for eaoh type of labor needed to exe- cute said contract and did set forth the prevailing hourly wag. scale so ascertained; and . WHEREAS, on JuLy ~O J) 19-51..... at the hour of ololook P.M," the Oity Clerk and City Engineer of the 2:00 -1.." City of Anaheim did open said sealed proposals received. up to that time for tbe furnishing of all plant" labor" services, materials and equipment, and all 1.ltil:i tIes and transportation9 lncludlng power!1 fuel and wa tar J! and per formlng art work necessary to con,. struct and complete, in a good andwor'kmanllke manner, in strict accordance with the specLf:1(\at lons, plans and drawings therefor on .file in the on: oe of the CHy Clerk of the City of Anaheim, the public :improvement herelnabov,~ mere particularly described and set forth: 111 public, the CIty Council Chamber i.n the City Hall, Anaheim, CaLi.fornia, and the OIty Eng:l.neer did tabulate the result '.If said sealed proposals and clid make a report to the City Council at Hsnext ~_~J!Jijo_lJ,rn.~(L"":r'egJ:Lar meetlng; and WHEREASp t;he Ctty Cou.ncil of the Clty of Anaheim did~ at Its nexto~,.oa5ij.~~~o"~egular meeting. held on the 4th day of. Au&usL~.~_~..~._.., 19~.i.__" at the hOllr of 2:00 o'clock P.M., consider the sealed proposal.s 8:J.bm:itted for furnishing the materi- als and perf'ormi.r:g the work he:r'elnabovG more particularly described and set forth, and dld there1ilpr)Jn f.tnd and determine that the sealed proposal subml t ted bY_~HQ~WAL.K. ASPHALTIC CONCRETE. INC.. 12438 .B1oomfle1d. San~~ ~~ings~ Qa1ifornia. for the ccmstruct:1on, installation and completion of said ImnrQY-!:lment Q!~stern Ayenue....Proj~ct No. 7l4, hereinabove mentioned and descri.bed, was the lowest responsible proposal submltted therefor" and thereupon accepted said bid and did award a contract to saId ..~.....J:i9Jt~~K ASPHALTIC CONCRETE. INC. """'-~=_~'-"=-==.-~""~-='=-"o_="'__==c'._'~~zc__~_-o._=_",__'r'''''-''''=-==._..==~~".'~'--~c'''.._".",,==~.=~.-= for furnishIng all plant:! Labm"" ser''!ices, materials and equipment and all util1.ties and transportation including power>> fuel and water" and performing all. work necessary to construct and complete>> in a good and workmanlike marmer, in strlc t accordance with the speclflcatior.s, plans, and d.rawtngs, the sald public improvement as specified In saldnotlce lrnrlt.!.ng sI."aied proposals>> and did author- ize the Mayor and the City Clerk of the City of Anaheim to execute a contraot for and (on behalf <of the Clty of Anaheim with NORWALK AS.PHALTIC cON9~~~I~i2~!,~.,. which said contract was duly made and entered into on the 5th day of " 4),J,g]J:ili. ._~~~~~c,s 19,~~,. and WHEREAS, the said ~.~....N9R_WALI\ A.~PHALTIC CONCRETEr IHC. ~_~-~~~'_~_.'_.~~_._'._'_.'._~~~~__.~~"~._~'_ has furnished all plant, labor. services, materials and equipment and all utilities and transportation, and performed all work necessary for the oon- structicm and completion" in a good and workmanlike manner. in striot accordance with the specifications. plans. drawings. of said public improvement- as specifled the notice inviting sealed pro- posals and!.!:! the deta.il. desIgn,. plans. profiles, drawings and specifications prepared by~~:rtl().rn~on E. .J'iersall. City Engineer , and the contraot made and entered :l.nto~wm"::~_ i (::_~=="r;y~-the"'dTty cf Anaheim:; and WHEREAS. the c~.._.cc._,~~"~ Cit;y Engineer_""._~_has duly certified to the construction and completion of said pUblic improve- ment here1nabove mentioned and. described, in accordance with the plans and specificati.ons and the contract documents duly mao.e and entered into with said~~._,~ .l'J:QB..I.i,A~.AS;t'HAl/I'IQ Q,OBQRETE, INQ..._,____ _.._.,_~..~"~.,.,', ... .,.,. 'c..,... ~ ..._~~c._. ...,..,_~_,._. .,~._~_~~..._.m__~; and WHEREAS" the Oity COUOlCil. finds that said contractor has completed said pUbllc improvement hereinabove more particularly de- sorlbedtn accordance wlth the provisions of' the contraot and the contract documents, and that notice of completion should be filed and payment of the baJ.ance due satd contractor authorized in aocord- ance with the contract doci.uuen ':;S 0 ~2= ,. ."--.--..----~,,...~_,__..._ .."._.............._".~_.____....._..~._.____",._.'._e.~~..._,...,..........._'".'.,~...._"''''_,,__ ,.. ~...-='".._ 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 speoifica- tions, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto" sald pUbllc improvement hereinabove more particularly de- scribed 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 contractor for said work be paid to it thirty-five (3.5) 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- plet1on>> 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 1st day of Deoember >> 19....52-,0 , I (, . . . MAYOR Op'l A~EST: -L / ~7 cr--;- . ~ //1. /p~.A~ CITY OLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGJi: ) SSe CITY OF ANAHEIM ) I. DENE M. WILLIAMS , City Clerk of the City of Anaheim. do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the Oity Oouncil of the Oity of Anaheim>> held on the 1st day of December , 19~, by the following vote: AYES: NOES: OOUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER OERTIFY that the Mayor of the Oity of Anaheim approved and si~ned said resolution on the 1st day of December >> 19 9 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of DAl'.Amher .. >>19...22..... ( SEAL ) L~ / )X, ~~~~ CITY CLERK OF THE CITY OF ANAHEIM -3-