69R-102RESOLUTION NO. 69R- 102
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
IMPROVEMENT OF WESTERN AVENUE, FROM THE NORTH
CITY LIMITS TO THE SOUTH CITY LIMITS, CITY OF
ANAHEIM, WORK ORDERS NOS. 544B AND 5024.
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 the '..1st and 8th days of
August 19 68 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: The improvement of Western Avenue,
from the North City Limits to the South City Limits, City
of Anaheim, consisting of clearing and grubbing; excava-
tion; construction of asphalt concrete pavement over
aggregate base; placement of variable thickness asphalt
concrete pavement; construction of P.C.C. curb, curb and
gutter, sidewalk, cross gutter and spandrel and drive
approaches; installation of various sizes of R.C.P.; con-
struction of P.C.C. catch basins, manholes, transition
structures and entrance into Flood Control Channel; trench
resurfacing; installation of various sizes of V.C.P. sani-
tary sewer laterals; adjustment of water valve boxes and
manholes to grade; installation of traffic signal 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 Orders Nos. 544B and
5024.
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 15th day of
August 19 68 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 ascer-
tained 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 August 15 19 68 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 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 20th
day of August 19 68 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 BRUTOCO ENGINEERING
CONSTRUCTION, INC., P. 0. Box 1135, Covina, California
or the construction, installation and completion of said m rn
ment of Western Avenue from the North City Limits to the South City
k No. 544B and 5024 hereina
and ed, the lowest responsi'le proposal
a
therefor, and thereupon accepted said bid and did award a contract
to said BRUTOCO ENGINEERING CONSTRUCTION, INC.
for furnishing all plant, 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 BRUTOCO ENGINEERING
CONSTRUCTION, INC. which said
contract was duly made and entered into on the 22nd day of
August 19 68 and
WHEREAS, the said BRUTOCO ENGINEERING CONSTRUCTION,
INC. 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 Department of Public Works
and the contract made and entered into
with it by the City of Anaheim; and
WHEREAS, the Director of Public Works
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 BRUTOCO ENGINEERING
CONSTRUCTION, INC. 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 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 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 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, it,Ois officers, agents and employees from
all claims and liabilities aue 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 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 25th day of February 1 69
ATTEST:
2/ t21"...dr-,-.--•-
CIT CLE OF THE CITY OF ANAHEIM
OF H
CITY ITY OF AN
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution Nb. 69R -102 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim, held on the 25th day of February, 1969, 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. 69R -102 on the 25th day of
February, 1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 25th day of February, 1969.
SEAL)
AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
C Y CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No. 69R -102
duly passed and adopted by the Anaheim City Council on February 25, 1969.
)1L-7;ie,
City Clerk