78-818
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RESOLUTION NO. ]8R-Bl8___~
A RESOLUTION: OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FtNALLY ACCEPTING THE COHPLETION
AND THE FURnISHING OF ALL PLANT, LABOR, SER-
VICES, MATER ALS AND EQUIPMENT MID ALL UTILI-
TIES AND TRA SPORTATION INCLUDING POWER, FUEL
AND WATER, A!~TD THE PE~FORMANCE OF ALL WORK
NECESSARY TO!CONSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC I$PROVEMENT, TO WIT:
MICROWAVE REU. Y COMMUNICATIONS TOWER, IN THE
CITY OF ANAHtM, WORK ORDER 00."909 ~ ACCOUNT
NO. 01-986-6 25-0000.
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WHEREAS, the ~ity Council of the City of Anaheim did
cause to be published! in a new$paper of general circulation,
printed, published an~ circulated in the City of Anaheim, to
wit: The Anaheim Bul~etin, on 12th and 19th days of May~
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proposals for furnish~ng the forrowing:
All plant, labor, services, materials and equipment, and
all utilities and transportation, including power, fuel
and water, and pe~forming all work necessary to construct
and complete in a ~ood and workmanlike manner, in strict
accordance with t~ specifications, plans and drawings
therefor on file ir the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
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Microwave Relay Co~unications Tower, in the City of
Anaheim. The work'to be done shall be in keeping with
the specifications! and the Radio Connnunications System
Study of 1975. Al~ equipment furnished shall be of
standard manufactu*e and shall have been manufactured
in the United Stat4., mus~ oomply with all applicable
parts of FCC Rules and Regulations as well as all appli-
cable EIA Standarda. All proposals shall be submitted
per specifications on file in the Office of the City
Engineer, and any qeviations shall be delineated in de-
tail, Work Order Nd. 909, Account No. 01-986-6325-0000,
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in accordance with the pesigns, plans, profiles and specifica-
tions prepared by the!fublic W~rks D~Dartment
and the notice inviting! sealed proposals, which said notice
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specified that sealed proposals as specified in said notice
would be received up until 2:00 o'clock P.M. of the 9th
day of June , 1911--. and which said notice did .
state and declare th~t, pursuant to the provisions of Section
1770 of the Labor Coqe, the City Council of the City of Anaheim
,~ had ascertained the p~evailing rate of wages for each type of
labor needed to execulte said contract, and did state that the
prevailing hourly wa~ scale so ascertained was on file in the
Office of the City Cl~rk; and
WHEREAS on June 9 , 1977 , at the hour
of 2: 00 0' clock P. M.', the City Clerk and the City Engineer
of the City of Anahei~ did open said sealed proposals received
up to that time for tpe furnishing of all plant, labor, services,
materials and equipme~t, and all utilities and transportation,
including power, fuel and water, and performing all work necessary
to construct and comp1ete, in a good and workmanlike manner, in
strict accordance wit~ 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, Ana1).eim, California, and the' City Engineer did
tabulate the result of said sealed proposals and did make a report
to the City Council at its ~axxxxxxxxxxregular meeting; and
seCOh subsequent
WHEREAS the Gity Council of the City of Anaheim did,
at itslliiiixlY91Yi1J9tttregular meeting, held on the 28th day
of JUQe , ~9 :rL , at the hour of ]~3CP'clock P.M.,
consider the sealed p~oposars submitted for furnisning the
materials and perform~~g the work hereinabove more particularly
described and set for~h, and did thereupon find and determine
that the sealed propo~al submitted by MOTOROLA COMMUijICATIONS &
ELECTRONICS, INC. 2041 Busine~s Center Driv
or the construct~on, installation and completion 0 said
microwave relay communications tower~ in the City of Anaheim~
Work Order No. 909, Aqcount No. OI-9 6-6325-0000
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hereinabove mentioned and
described, was thelow~st 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 1st
day of July, ,19~; and
WHEREAS, the s4id contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and pe1tformed all work necessary for the con-
struction and completidn, in a good and workmanlike manner, in
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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 p~epared by the Public Works DeDart~ent
, and the contract made an
entered into with sa~d contractor by the City of Anaheim; and
WHEREAS, the
has duly certified tq t e construction an comp etion 0
public improvement h~reinabove 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 pu~lic .improvement hereinabove more particu-
larly described in ac~ordance with the provisions of the con-
tract and the contract documents, and that notice of completion
should be filed and p~yment of the balance due said contractor
authorized in accordance with the contract documents.
NOW, THEREFOR~, BE IT RESOLVED by the ~ity 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 w~rkmanlike manner, in strict accordance
with the specificatioms, plans and drawings therefor on file in
the Office of the City Clerk of the City of Anaheim, together
with the appurtenance~ thereto, said public improvement herein-
above more particularly described and set forth, in the City of
Anaheim, by said cont*actor, 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, ag~nts and employees, excepting only claims
against the City for a~ounts withheld by the City at the time
of such payment.
.~, AND BE IT FURT~ER RESOLVED that the Mayor and the
City Clerk of the City of Anaheim be, and they are hereby
authorized to execute ,nd file a notice of completion of said
work as required by law.
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THE FOREGOIN~ RESOLUTION is approved and signed by me
thisl.9~ day of -..D~cE"mber ' 19 Vl----.
ATTEST:
~~'fu'~~ ANAJi[EIM
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STATE OF CALIFO~IA )
COUNTY OF OIWiGI' )
CI TY or .A!Wll:IM )
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I, LINDA D. ROBERTS, City C~~k of the City of Anaheim, do hereby certify that
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the foregoing Resolution No.! J8R-818 was introduced and adopted at a regular
meeting provided by law, of :tpe City Council of the City of Anaheim held on
the 19th day of December, 19~8, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Qverholt, Kaywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FUR'mER CERTIFY that t:J1ie Mayor of the City of Anaheim signed said
Resolution No. 78R-818 on tbe 19th day of December, 1978.
IN WITNESS WHEREOF, I have ~reunto set my hand and affixed the seal of the
City of Anaheim this 19th d~ of December, 1978.
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CITY CL OF 'm CI F ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City C~xk of the City of Anaheim, do hereby certify that
the foregoing is the origin~ of Resolution No. 78R-818 duly passed and adopted
by the Anaheim City Council ion December 19, 1978.
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CITY CLE .
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