78-550
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R I~SOLUTION 'NO. . 78R-550
A RESOLUTIOn OF THE CITY COlmCTL OF TilE CITY
OF ANAI1EH~ "'\ NALLY ACCEPTING TliE--:m1PLETION
AND THE FI!Rt:ISHING OF ALL PLANT 1.ABOR, SER-
VICES, t>1ATE~" 1 ALS AND EQUIPMENT i\. In ^LL UTILI-
TIE. SAND TR NSPORTATION INCLUDIL-i(, !'OWER, FUEL
AND WATER. HD THE PERFOIU1ANCE (H' ALL WORK
NECESSARY l' r.OHSTRUCT AND COMP1J'Tr: THE FOLLOW-
ING PUBLIC [tWfWVEMENT, TO WIT:
LA PALMA A*NUE SEWER IMPROVEMENT, E/O BLUE
GUM STREET~ IN THE CITY OF ANAHEIM, ACCOUNT
NO. ll-790~6325-0030.
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WHEREAS. tht' City Council of the Ci ty r)f Anancit:l did
cause to be publish d in a newspaper of general circulat ic.n.
printed, published nd circulated in the City of Anaheim, to
wit: The Ana~eim Bplletin, on the 4th and 11th days of May
. ... ,19 78 , a notice inviting sealed--
~!roposals fOr- furniahin~-fhe following:
All plant, labot, services, materials and equipment, and
all utilities a~d 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 nn fil~ in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
La Palma Avenue; sewer improvement, 750' E/O Blue Gum
Street to Blue pum Street, in the City of Anaheim, con-
sisting of the bonstruction of 73a L.F. of a" V.C.P.
including manhies and all other work as shown on the
plans and delin ated in the specifications on file in
the Office of e City Engineer, Account No.
11-790-6325-003. ,
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in accordance withM' he deSign. s, plans, profiles and specifica-
tions prepared by e Public Works Derartment
and the notice invi, ing sealed proposa s, which said notice
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specified that sealed proposals as specified in said notice
would be received up until 2!nn o'clock P.t1. of the ~ean
day of M!y " 19-Ia-, and which said notice ~
state and dec are th~t, pursuant to the provisions of Section
1770 of the Labor Co~e, the City Council of the City of Anaheim
had ascertained the prevailing rate of w~ges for each type of
labor needed to exec~te said contract, and did state that the
prevailing hourly wa~e scale so ascertained was on file in the
Office of the City C~erk; and
WHEREAS, on. May 18 , 19~, at the hour
of 2:0~ o'clock p.ML, the City Clerk and the City Engineer
of the ity of Anahe~m did open said sealed proposals received
up to that time for ~he furnishing of all plant, labor, services,
materials and equipm~nt, and all utilities and transportation,
including power, fue~ and water, and performing all work necessary
to construct and complete, in a good and workmanlike manner, in
strict accordance wi~h the specifications, plans and drawings
therefor on file in ~he Office of the City Clerk of the City of
Anaheim, the public ~mprovement hereinabove more particularly
described and set forth, in public, in the City Council Chamber
in the City Hall, An~heim, California, and the' City Engineer did
tabulate the result Of said sealed proposals and did make a report
to the City Council ~t its next _ _ _ regular meeting; and
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WHEREAS, the City Council of the City of Anaheim did,
at its next _ _ t regular meeting, held on the ~Oth day
of M~ ,. 19 ~, at the hour of 1:30 0 clock P.M.,
consider the sealed proposals submitted for furnishing the
materials and perfor~ing the work hereinabove more particularly
described and set fotth, and did thereupon find and determine
that the sealed prop~sal submitted by FLEMING ENGINEERING, ING..!..L
1 Arte ia Blvd. iCerritos California 90701
or the construction~ installation and comple~ion 0 said
L~ Palma Av~nue seweJ:' improv~ent, east of Blue Gum Street, in
the City of Anaheim,! Account No. 11-790-6325-0030
hereinabove mentioned and
described, was the lpwest responsible proposal submitted there-
for, and thereupon accepted said bid and did award a contract
to said contractor fbr furnishing all plant, labor, services,
materials and equipm~nt and all utilities and transportation,
including power, fuel and water, and performing all work neces-
sary to construct anp 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 seal~d 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 ~as duly made and entered into on the 2nd
day of Jun. ' 19-3B-; and
WHEREAS, the said contractor has furnished all plant,
labor, services, mat~rials and equipment and all utilities and
transportation, and ~erformed all work necessary for the con-
struction and completion, in a good and workmanlike manner, in
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strict accordance wi~ the specifications, plans and drawings
of said public improt~ment as specified in the notice inviting
sealed proposals andiin the detailed designs, plans, drawings
and specifications p~.epared by the Public Works Depar~nt
, and the contract ma e and
entered into with sa~d contractor by the City of Anaheim: and
WHEREAS, tlte Direcptor 0 f Public Works
has duly certified t~ the construction and completion of said
public improvement hi'reinabove mentioned and described, in
accordance with the lans and specifications and the contract
documents duly madend entered into with said contractor: and
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WHEREAS, tie City Council finds that said contractor
has completed said p blic improvement. hereinabove more particu-
larly described in a cordance with the provisions of the con-
tract and the contra t documents, and that notice of completion
should he filed and ~ayment of the balance due said contractor
authorized in accord*nce with the contract documents.
NOW, THEREfRE' BE IT RESOLVED by the City Council of
the City of Anaheim at all plant, labor, services, materials
and equipment and al utilities and transportation, and the per-
formance of all work!necessary to construct, install and com-
plete in a good and .orkmanlike manner, in strict accordance
with the specificati~ns, plans and drawings therefor on file in
the Office of the Ci~y Clerk of the City of Anaheim, together
with the appurtenanc+s thereto, said public improvement herein-
above more particulatly described and set forth, in the City of
Anaheim, by said con~ractor, be, and the same are hereby, accepted
subject, nevertheles$, to all the terms, conditions and provi-
sions of the contract documents, and that the balance due said
_contractor for said .ork be paid to said contractor thirty-five
(35) days from and atter final acceptance of said work as evi-
denced by the adopti~n of this resolution, but not sooner than
thirty (30) days aft~r the date of the filing of notice of com-
pletion, excepting o*ly such sum or sums as may lawfully be
withheld in accordan~e with the provisions of said contract and
contract documents. That acceptance by the contractor of said
payments made in acc~rdance with said final estimate shall op~r-
ate and shall be a release to the City of Anaheim, its officers,
agents and employees from all claims and liabilities due the
contractor for anyth!ng done or furnished or withheld or for any-
thing 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 tuRTHER RESOLVED that the Mayor be, and he
is hereby, authorizer to execute and file a notice of completion
of said work as requ red by law.
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THE FOREiOING RESOLUTION is approved and adopted
by the City Counci of the City of Anaheim this 22nd day of
August , 1 7~.
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ATTEST:
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S TATE OF CALIFOIUttA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, LINDA D. ROBERTS, City C1,rk of the City of Anaheim, do hereby certify that
the foregoing Resolution No.! 78R-550 was introduced and adopted at a regular
meeting provided by law, of ~he City Council of the City of Anaheim held on
the 22nd day of August, 1978~ by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: OVerholt, Kaywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: N~ne
ABSENT: COUNCIL MEMBERS: N,me
AND I FURTHER CERTIFY that ttte Mayor of the City of Anaheim signed said
Resolution No. 78R-550 on th~ 22nd day of August, 1978.
IN WITNESS WHEREOF, I have h~reunto set my hand and affixed the seal of the
City of Anaheim this 22nd dat of August, 1978.
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CITY ERK OF TIlE CI OF AN ElM
(SEAL)
I, LINDA D. ROBERTS, City C1~rk of the City of Anaheim, do hereby certify that
the foregoing is the origina~ of Resolution No. 78R-550 duly passed and adopted
by the Anaheim City Council pn August 22, 1978.
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ITY CLERK
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