Loading...
66-101 - .'-' RESOLUTION NO. 66R-IOl 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 THE PONDEROSA PARKSITE. AT THE SOUTHEAST CORNER OF ORANGEWOOD AVENUE AND HASTER STREET. IN THE CITY OF ANAHEIM. .. JOB NO. 890-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 the 16th and 23rd days of September , 19 65 ,a notice inviting sealed pro- posals 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 the Ponderosa Parksite, at the southeast corner of Orangewood Avenue and Raster Street, in the City of Anaheim, consisting of removal and burning of orange trees; removal and haul away of eucalyptus trees and stumps; excavation, including embankment and crushing of irrigation line; removal of irrigation line, 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, Job No. 890-A. _. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De~artment 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 0&c1ock P.M. of the 30th day of ~tember ,19 65 ,and which said notice did state and aec1are 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 September 30 ,19 65 ,at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of -1- - 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 work~nlike 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 particul.rly de- scribed and set forth,.in public, in the City,Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the ~esult of said sealed proposals and did make a re- port 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 5th day of October , 19 65 , at the hour .of 1:30. o~clock P.M., con... sider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more pa~ticularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by ~MEN CONTRACTING. INC.. 4~41 W. Commonwealth 'Fu11erto~ornia for t e construc- tion,. ins.tallation and completion ol said imorovement of . Ponderosa Parksite Job. No. O~ " . , e -0& .&t>>V.i~~ one an . escr e, was e lowest responsible proposal'sa~tted there.for, and thereupon accepted said bid and did award a contract to said ~. J. HOMEN CONTRACTING I INC.' for furnishing all plant, labor, services, materials and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, 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 con- tract for and on behalf of the City of Anaheim with M. J. HOMEN CONTRACTING. INC. . which said contract was duly made and entered into on the 7th day of October , 19 65 >>and WHEREAS, the said M J. HOMEN CONTRACTING. INC. . has furnished all plant, labor, services, materials and equipment and' all utilities and transportation, and performing all work necessary for the construction and completion, in ~ 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 de- tailed designs, plans, drawings, and specifications prepared by the Public Works Department , 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 accordance with the plans and specifications and the contract documents duly made and entered into with said M. J. HOMEN CONTRACTING. 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 cont~act documents. -2- - NOW 11 tHEREFORE>> BE I.T RESOLVED hy the City Council of the City of Anaheim that all plant, lsbor~ 3ervices, 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 provisions of the contr8~C documents, and that the balance due said contractor for said work ,e paid to it thirty-five (35) days from and after final acceptance of said ~ork as evidenced by the adoption of this re~olur.ion, but not sooner than thirty (30) days after the date of the filing of notice of completion, exceptin.g only. such s~m or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance by the c.ontractor of said payment.s 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 e~ployees, 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 signed by me 8.th day of February , 19 66 . ( this ATTEST: rr-. ~ ~-; -;<;--.. ~tE~~F t16i~~O;ANA'HEIM - -3- - - 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 No. 66R-10l was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 8th day of February, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler, and Krein NOES: COUNCILMEN: None ABSENT: COUNC ILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R-10l on the 8th day of February, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of February, 1966. , .~. j ----, '-~ ~_.~... ~ k1. ~~~L _~_____ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R-10l duly passed and adopted by the Anaheim City Council on February 8, 1966. . 2V"~~ ~. \ .......-. (:.....-.-. --.'" , ~..c~ .. -.?&---- CITY CLERI< ..-....