1979-205ATT Y -40
RESOLUTION NO 79R 205
A RESOLUTIOIi OF THE CITY COUNCIL OF THE CITY
OF ANAIIEIM FINALLY ACCEPTING THE COMPLETION
AND THE FUR;JSHING OF ALL PLANT LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTILI-
TIES AND TRANSPORTATION INCLUD.IOi; POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPUTE THE FOLLOW
ING PUBLIC IMPROVEMENT, TO WIT:
RIVERDALE AVENUE SIDEWAL: AND LANDSCAPING
IMPROVEMENT, W/O FINCI- -i STREET TO TUSTIN AVENUE,
IN THE CITY OF ANAHEIM, ACCOUNT NOS.
12- 4309 706 -16 -0000 AND 12- 4309 708- 16 -0000
(1977 -78) AND ACCOUNT NO. 12 -792- 6325- 203/204
(1978 -79).
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, pubished and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin on the 23rd day of February and
2nd day oZ_Yarch 197$ a notice inviting sealed
r�roposals for furnis}iing 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 rE.ng,inmer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Riverdale Avenue sidewalk and landscaping improvement,
S/s 335' W/o Finch Street to Tustin Avenue, in the City
of Anaheim, consisting of clearing and grubbing; excava-
tion; construction of P.C.C. sidewalk, access ramp and
curbing; construction of A.C. pavement; installation of
irrigation system including wiring, valves, controller
and P.V.C. pipe; hydroseed and hvdromulch; placement of
activated charcoal; landscaping maintenance; and all
appurtenant work in accordance with the plans and delin-
eated in the specifications on file in the Office of the
City Engineer, Account Nos. 12 -4309- 706 -16 -0000 and
12 4309 708 0000, (1977 -78) and Account No. 12 -792-
6325- 203/204 (1978 -79),
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
-1-
specified that sealed proposals as specified in said notice
would be received up until2.00 o'clock P.M. of the 16th
day of March 1978 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
WHEREAS, on March 16 1978 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
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 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 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 itsxaeatcxxxxxxxxxxx regular meeting; and
second subsequent
WHEREAS the City Council of the City of.Anaheim did,
at its wkip x d xxxxxxxxx nt regular meeting, held on the 2,8th day
of March 1978 at the hour of 1:300 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 SOMERS LANDSCAPE CO.,
e.erl Drive Oran •e California •2668
or the construction, installation and completion of said
Riverdale Avenue sidewalk and landscaping improvement w/o Finch
Street to Tustin Avenue, in the City of Anaheim, Account Nos.
12- 4309- 7Oh -OOOO and 12 -4309- 708 -16 -0000 (1977 -78); Account No.
12-79.R-6325-203/204 (1978-79) hereinabove mentioned and
escri e was the lowest responsible proposal submitted there-
for, and thereupon accepted said bid and did award a contract
to said contractor for furnishing 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 man-
ner, 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 duly made and entered into on the 8th
day of April 19 78 and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and performed all work necessary for the con-
struction and completion, in a good and workmanlike manner, in
ATT -43 Page 2 of 3 Pages
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 th Public Works Department
an the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the Public Works Executive Director
has duly certified to the construction and completion of said
public improvement hereinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into with said contractor; and
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 adonted
by the City Council of the City of Anaheim thislOth day of
April 1979.
ATTEST:
/fm
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 79R -205 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 10th day of April, 1979, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 79R -205 on the 10th day of April, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of April, 1979.
(SEAL)
CITY C RK OF THE CI OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 79R -205 duly passed and adopted
by the Anaheim City Council on April 10, 1979.
CITY CLERK