78-754
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RESOLUTION NO. 78R-754
A RESOLUTIOn OF THE CITY COLJHCTL OF TilE CITY
OF ANAI1EH~ 1" I NALLY ACCEPTING TIlE '~m1PLETION
AND THE FURt;[SHING OF ALL PLANT LAHOR, SER-
VICES, HATE~lALS AND EQUIPMENT f\.ID ,\LL UTILI-
TIE. SAND TRi f.'~SPORTATt. ON INCLUDJl'I(, POWER, FUEL
AND WATER, . ~m THE P~RFOIU1ANCE OF ALL WORK
NECESSARY T . ~ONSTRUCT AND COMPl~1'[ THE FOLLOW-
ING PUBLIC tiPfWVEMENT. TO WIT:
ORANGEWOOD ;VENUE SEWER IMPROVEMENT, HARBOR
BOULEVARD T. . WEST STREET, IN THE CITY OF
ANAHEIM, ACQUNT NO. 11-790-6325-0020.
WHEREAS. th~City Co~ncil of the City 0f Ananci~ did
cause to be publishej4 in a newspaper of general circulat icon,
printed, pub!i8~ed Bfld c~rculated in the City of Anaheim, to
wit: The Ana~e~rn B~llet~n, on the 1st and 8th dal!-of
June ____ _ _' ~______, 1978__, a notice invitingse-aled---
~'l"oposals tor furnisJiinp.; the forlowing:
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All plant, labor:. sf'l"vices, materials and equipment, and
all utilities an~ transportation, including power, fuel
and water, and p~rforming all work necessary to construct
and complete in ~ good and workmanlike manner, in strict
accordance with ~ne 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:
Orangewood Aven~. sewer improvement, from Harbor Boule-
vard to West St~et, consisting of the construction of
2475 L.F. of 15 .. V.C.P. sewer including manholes, connec-
tion of laterals and all other work as shown on the plans
and delineated ~ the specifications on file in the Office
of the City Eng~eer, Account No. 11-790-6325-0020,
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in accordance with t~ie designs, plans, profiles and specifica-
tions prepared by t. PUb11c,Works Department ,
and the notice invit ',t1g sealed proposals, whi"ch- 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 22nd
day of June. ,19~8, and which said notice did .
state and declare t~at, pur~t to the provisions of Section
1770 of the Labor C~de, the City Council of the City of Anaheim
had ascertained theiprevailing rate of wages for each type of
labor needed to exeqUte said contract, and did state that the
prevailing hourly w~ge scale so ascertained was on file in the
Office of the City dlerk; and
WHEREAS, on, June a2 , 1978 , at the hour
of 0 I clock P. t-f.., the Ci!ty Clerk and the City Engineer
of the City of Anahel:Lm did open said sealed proposals received
up to that time for ~he furnishing of all plant, labor, services,
materials and equipn+:mt, and all utilities and transportation,
including power, fue!1 and water, and performing all work necessary
to construct and co~lete, in a good and workmanlike manner, in
strict accordance wi~h the specifications, plans and drawings
therefor on file in the 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, Anfiheim, California, and the' City Engineer did
tabulate the result of said sealed proposals and did make a report
to the City Council at its :xDIBOIb.xxxxxxxxxxx regular meeting; and
second subsequent
WHER~EAS the_, City Council of the City of Anah,eim did,
at itsSftit ' ' tregular meeting, held on the 11th day
of Ju1:y ,T' 9 _78 , at the hour ofl:30 o'clock P.M.,
consider the sealed proposaIs submitted for furnishing the
materials and perforfing the work hereinabove more particularly
described and set forth, and did thereupon find and determine
that the sealed prop~sal submitted by PETER C. DAVID COMPANY.
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or t e constructionj insta at on and comp etion 0 sai
Oran ewood Avenue se' er improvement, Harbor Blvd. to West street,
in the Cit~ of Anahe~. Account No. 1 -790-6325-0020.
hereinabove mentioned and
described, was the l~west responsible proposal submitted there-
for, and thereupon aqcepted said bid and did award a contract
to said contractor f~r 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 an4 complete, in a good and workmanlike man-
ner, in strict accorqance with the specifications, plans and
drawings, the said p~blic 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 was duly made and entered into on the 13th
day of July , 19 78 ; and
WHEREAS, the .said contractor has furnished all plant,
labor, services, mat~ials and equipment and all utilities and
transportation, and Herformed all work necessary for the con-
struction and compledion, in a good and workmanlike manner, in
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strict accordance Wi~, the specifications, plans and drawings
of said public improvement as specified in the notice inviting
sealed proposals and'ln the d~tailed designs, plans, drawings
ana specifications p*.epared by the Public Works DeDa~tmen~
, and the contract ma e an
entered into with sa~d contractor by the City of Anaheim; and
WHEREAS, tije
has dUly certified tq t e con truct10n an comp et10n 0 sa1
public improvement h~~einabove mentioned and described, in
accordance with the n~ans and specifications and the contract
documents duly made ~nd entered into with said contractor; and
WHEREAS, t~e City Council finds that said contractor
has completed said P,.bliC improvement hereinabove more particu-
larly described in aoordance with the provisions of the con-
tract and the contra t documents, and that notice of completion
should be filed and payment of the balance due said contractor
authorized in accord~ce with the contract documents.
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NOW, THERE~RE, 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 ~ecessary to construct, install and com-
plete in a good and wPrkmanlike manner, in strict accordance
with the specificatiotJs, plans and drawings therefor on file in
the Office of the CitV Clerk of the City of Anaheim, together
with the appurtenancejs thereto, said public improvement herein-
above more particula~y described and set forth, in the City of
Anaheim, by said con~actor, be, and the same are hereby, accepted
subject, neverthelessl, to all the terms, conditions and provi-
sions of the contract'documents, and that the balance due said
contractor for said wprk be paid to said contractor thirty-five
'(35) days from and af~r final acceptance of said work as evi-
denced by the adoptio~ of this resolution, but not sooner than
thirty (30) days afte~ the date of the filing of notice of com-
pletion, excepting on~y such sum or sums as may lawfully be
withheld in accordance with the provisions of said contract and
contract documents. ~hat acceptance by the contractor of said
payments made in accotdance with said final estimate shall op~r-
ate and shall be a re~ease 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 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 FPRTHER RESOLVED that the Mayor be, and he
is hereby, authorizedito execute and file a notice of completion
of said work as requited by law.
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THE FORE!OING RESOLUTION is approved and adopted
by the City Counci ., of the City of Anaheim this 21st day of
November . 11~.
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ATTEST:
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STATE OF CALIFORN~ )
CO~, if OlANqE )
CI'1'Y~ ~." )
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I, LINDA D. ROBERts, City ~~erk of th~ City of Anaheim, do hereby certify that
the f,ore1oing Resolution N1',~ 78R-754 ~,as introduced and adopted at '8 regular
meeting provided by law, o. I the City Council of the City of Anaheim held on
the 21st day of November, 978, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, faywood, 'Kott;- ioth and SeymQJIt',_
NOES: COUNCIL MEMBERS: 'one
ABSEIfT: COUNCIL MEMBERS: $one
AND I FURTIlER CERTIFY that; *he Mayor of the City of Anaheim signed said
Resolution No. 78R-754 on ,.e 21st day of November, 1978.
IN WITNESS WHEREOF, I have " .ereunto set my hand and affixed the seal of the
City of Anaheim this 21st '$y of Nove1Jl,ber, 1978.
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CITY ' BIt OF THE CITY F ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City CJerk of the City of Anaheim, do hereby certify that
the foregoing is the origihfl of Resolution No. 78R-754 duly passed and adopted
by the Anaheim City Council on Novem~r 21, 1978.
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CITY CLERK
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