84R-477
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RESOLUTION NO. 84R-477
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FIN~,.LY ACCE~"TING THE COMPLETION AND
THE FURNISH~If,. G OF AL~i, PLANT, LABOR, SERVICES,
MATERIALS ~ EQUIPM ,NT AND ALL UTILITIES AND
TRANSPORTAT~<1>N INCLU" ING POWER, FUEL AND WATER,
AND THE PER~~RMANCE QF ALL WORK NECESSARY TO
CONSTRUCT ~~ COMPLE1E THE FOLLOWING PUBLIC
IMPROVEMENT~ TO WIT:
PELANCONI P4..,~ STR:IBED EROSION IMPROVEMENTS,
IN THE CITYi<J>F ANAHE M, ACCOUNT NOS.
16-809-7103+~9SEW an 16-809-7103-09080.
WHEREAS, th, City Co~ncil of the City of Anaheim did
cause to be publishe4in a ne+spaper of general circulation,
published and circu14ted in t~e City of Anaheim, to wit: The
Anaheim Bulletin, on't"he 5th ~,nd 12th days of July, 1984, inviting
sealed proposals for furnishing the following:
All plant, labor. service" materials and equipment, and
all utilities an. transpottation, including power, fuel
and water, and p.~formingall work necessary to construct
and complete in _good an~ 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 th~ City of Anaheim, the following public
improvement, to wit:
in accordance with tp~ design~, plans, profiles and specifications
prepared by the PUblJp Works pepartment, and the notice inviting
sealed proposals, wh~ch said ~otice specified that sealed
proposals as specifi~~ in saia notice would be received up until
2:00 o'clock P.M. on !the 19th' day of July, 1984, and which said
notice did state and'declare that, pursuant to the provisions of
Section 1770 of the ~bor Code, the City Council of the City of
Anaheim had ascertaih~d the p~evailing rate of wages for each type
of labor needed to ekecute said contract, and did state that the
prevailing hourly wagle scale so ascertained was on file in the
Office of the City Clerk: and
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WHEREAS, on the 19th day of July, 1984, at the hour of
2:00 o'clock P.M., th~ City Clerk and the City Engineer of the
City of Anaheim did owen 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 spacifications, plans and drawings
therefor on file in the Offica of the City Clerk of the City of
Anaheim, the public improvement hereinabove more particularly
described and set forth, in p~blic, in the City Council Chamber in
the City Hall, Anahei~, Califqrnia, and the City Engineer did
tabulate the result of said s~aled proposals and did make a report
to the City Council at a meeting held no later than thirty (30)
days after the bids were open~d: and
WHEREAS, the City Co~ncil of the City of Anaheim did, at
a subsequent regular or adjou~ned regular meeting, held on the 7th
day of August, 1984, at the hqur of 10:00 o'clock A.M., consider
the sealed proposals $ubmitted for furnishing the materials and
performing the work hereinabove more particularly described and
set forth, and did th~reupon find and determine that the sealed
proposal submitted by McMASTEa CONSTRUCTION COMPANY, 13224 Abana
Place, Cerritos, CA ~~701 for the construction, installation and
completion of said pelanconi 'ark Streambed Erosion Improvements
Account Nos. 16-809-7l03-09SEW and 16-809-7103-09080 hereinabove
mentioned and descri~~d, was the lowest responsible proposal
submitted therefor, and there~pon accepted said bid and did award
a contract to said contractor for furnishing all plant, labor,
services, materials and equip$ent and all utilities and
transportation, incl~ding pow~r, 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 wublic improvement as specified in
said notice inviting sealed ptoposals, 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 5th day
of September, 1984i and
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WHEREAS, the said contractor has furnished all plant,
labor, services, mat~rials anQ equipment and all utilities and
transportation, and ijerformed !all work necessary for the
construction and comp1etion, ~n a good and workmanlike manner, in
strict accordance with the sp~cifications, 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 Public Works Department, and the
contract made and entered into with said contractor by the City of
Anaheim: and
WHEREAS, th~ Public ~orks Executive Director has duly
certified to the construction !and completion of said public
improvement hereinabove mentioned and described, in accordance
with the plans and specificat~ons and the contract documents duly
made and entered into with sa~d contractor: and
WHEREAS, the City C04ncil finds that said contractor has
completed said public improve~ent hereinabove more particularly
described in accordaqde with t(he provisions of the contract and
the contract documen~s, and tqat notice of completion should be
filed and payment of ,the bala~ce due said contractor authorized in
accordance with the QQntract documents.
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NOW, THEREFq~E, BE I~ RESOLVED by the City Council of the
City of Anaheim that 'qll plant, labor, services, materials and
equipment and all uttlities aqd transportation, and the
performance of all w~rk neces~ary to construct, install and
complete in a good aqd workma~like 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, sa~d public improvement hereinabove
more particularly de~cribed a~d set forth, in the City of Anaheim,
by said contractor, be, and t~e 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 said contractor 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 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 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 be, and he is
hereby, authorized to execute ,and file a notice of completion of
said work as required by law.
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THE FOREGOING RESOLUT'ION is approved anda~pted by the
Ci ty Council of the Ci ty of Anaheim this 11th day of December, 1984.
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MkYOR OF. HE CITY ~F ANAH 1M .
ATTEST:
CI~:T~~
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1880U
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STAtE ~ CALIFORNIA )
couNTY OF otANGE ) ss.
CITY OF ANAHEIM )
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I, LlOMIRA~. SOHL, City Cler :of the City of Anaheim, do hereby certify that
the to~ Resolution NQ,. ,. -477 was introduced and adopted at a regular
meetinaprovid.d~y law, of . City CCRJtlcil of the City of Anahei. held on
the lltla day of Deeeaber, 198.; by the fbuowina vote of the _bers thereof:
AYES: COUNCIL MEMBERS: laywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: lone \
AND I FURTHER. certify that thtMayor of the City of A1IaheiDt signed.. s~
Resolution No. 848.-477 on the,llth day of December, 1984. '
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IN WITNlSS WHEREOF, I have he*~unto set .y hand and affixed the seal of the
City of Anaheim this 11th daYlOf December, 1984.
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CI Y CLEkK OF THE CITY OF ANAHEIM
(SEAL)
I, LBOJItRA N. SOHL, CityCler. of the City of Anaheim, do hereby certify that
the fO~loing is (heorigiDall.f ResolutJ., on No. 848.-477 duy passed and
adopted by the Anahe!. City C,~cil on December 11, 1984. _
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