80R-564
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RESOLUTION NO. ~64
A RESOLUT~aN OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE F~NISHINGOF ALL PLANT, LABOR, SER-
VICES, MA~RIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND ~RANSPOR~ATION INCLUDING POWER,
FUEL AND wp\iTER, AND THE PERFORMANCE OF ALL
WORK NECES~ARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
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SLURRY SEAL APPLICArION, IN THE CITY OF ANAHEIM,
ACCOUNT NO~ 01-232-6340-00002.
WHEREAS, t~~ City Council of the City of Anaheim did
cause to be pUblished in a newspaper of general circulation
printed, published a~~ circulated in the City of Anaheim, to wit:
The Anaheim Bulletin. on the 28th of August and 4th of
Septe~per . ~ ' 19 80, a notice inviting sealed
proposals for furnis~~ng the ollowing:
All plant, labor, services, materials and equipment,
and all utiliti.. and 'transportation, including power,
fuel and water,~nd performing all work necessary to '
construct and c~~plete in a ~ood and workmanlike man-
ner, in strict accordance with the specifications,
plans and drawim~s therefor on file in the Office of
the City Engineer or City Clerk of the City of Anaheim,
the fOllowing pa~lic improvement, to wit:
Slurry Seal Application, in the City of Anaheim, con-
sisting of the ~pplicati~n of Slurry Seal, consisting
of a mixture of*sphaltic emulsion, mineral aggregate,
an accelerator ~md water, upon the existing roadway
surfaces at such locations indicated by and to the sat-
isfaction of the Public Works Executive Director,
Account No. 01-232-6340-00002,
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in accordance with t~ designs, plans, profiles and specifica-
tions prepared by th i Public orks De artment
and the notice invltls sealed proposals, which sai notice
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specified thatl ,:aled proposals as specif... j in said notice would
be received up ~ntil 2:00 o'clo~k P.M. of thellth day of
September , 19',80, and which said notice did state and
declare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had ascertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract, 4nd did state that the prevailing hourly wage
scale so ascertained was on file in the Office of the City ClerkJ
and
WHEaEAS, 0'. the llth day of SeDte:nm, ,19 80, at
the hour of 2:00 o'c~~ck, P.M., the City Clerk and he, C1-ty-ynglneer
of the City of'Anahe~~ did open said sealed'proposals received up
to that time for the furnishing of all plant, labor, services,
materials and equlpm~nt, and all utilities and transportation, In-
Cluding power, ,fuel ~l!1d water, and perrormlng all work necessary to
construct and complete, in a cood and workmanlike manner, in strict
accordance wlth the ~peclfications, plans and drawings therefor on
file in the Office otthe City Clerk of the City of Anaheim, the
pUblic improvement he~einabove more particularly described and set
forth, In pUblic, in the City Council Chamber In the City Hall;
Anaheim, California, and the City Engineer did tabulate the result,
of said sealed proposals and did make a report to the City Council
at Its second subseQjuent regular or adjourned regular meeting;
and --' .
WHEREAS, thJ! City Councl1 .or the City of Anaheim did, at
Its second sUbseque"t regular or adjourned regular meeting, held
on the 23rd day of .SeptembE1r ~ 19 80, at the hour of 1: 30
o'clock P.M., consideF1 the sealed proposals submitted for furnlsh-
ln~ the materials andperformin~ the work hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the pealed P;,J:mo,.l submitted by PAVEMENT COATINGS COMPANY, ,
Post O~,f1.ce ~ox 2777, Anaheim, California 92~04
for the construction, , nstal a ion and completion 0 said
Slurry Seal Application, in the City of Anaheim,' Account No.
U1-232-0340-00002
hereinabove mentloned and
described, was the low~st responsible proposal submitted therefor,
and thereupon accepted said bid and did award a contract to said.
contractor for furnishing all plant, labor, services, materials and
equipment and all uti~1ties and transportation, including power,
fuel and water, and pe.rforming all work necessary to, construct and
complete, in a good and workmanlike manner, in str1ct,accordance
with the specifications, plans and drawings, the said 'public im-
provement as specified in said notice inviting sealed proposals,
and did authorize the Mayor and the City Clerk of the City of
4~ .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 Is,t day of October , 191!2.-; and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and performed all work necessary for the construc-
tion and completion, in a good and workmanlike manner, in strict
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accordance with the $pecifications, plans and drawings of said
pUblic improvement a$ specified in the notice inviting sealed
proposals and in the detailed designs, plans, drawings and speci-
fications prepared by the Public Works Department, and the con-
tract made and entered into with said contractor by the City of
Anaheim; and
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WHEREAS, tne Public Works Executive Director has duly
certified to the construction and completion of said public im-
provement hereinabov~ mention~d and described, in accordance wlth
the plans and specifleations and the contract documents duly made
and entered into with said contractor; and
WHEREAS, the City Council finds that said contractor has
completed said pUblio improve~ent herelnabove more particularly
described in accordartoe with the provisions of the contract and
the contract documen~$, and that notice of completion should be
filed and payment of the balance due said contractor authorized
in accordance with the contraot documents.
NOW, THERE~QRE, BE IT RESOLVED by the City 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 complete
in a good and workmarfLike 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 appur-
tenances thereto, said public improvement hereinabove more parti-
cularly described and set forth, in the City of Anaheim, by said
contractor, be, and the same are hereby, accepted subject, never-
theless, 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 sB~d 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 con-
tractor 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 w1thheld by the City at the time of such
payment.
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AND BE IT FVRTHER 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 FOREGQING RESOLUTION is approved and adopted
by the City Council 'of the City of Anaheim this l6th' day of
December , 1980.
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ATTEST:
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~OF AIWmIM
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STATI OF CALIFOlNIA )
COUN'ft OF ORANGE )
CITY OF ANAHEIM )
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I, LINDA D. ROBERTS, City lerk of the City of Anaheim, do hereby certify that
the foregoing Resolution N . 80R-564 was introduced and adopted ata regular
meeting provided by law, 0 the City Council of the City of Anaheim held on
the 16th day of December, 980, by the following vote of the mellbers thereof:
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AYES: COUNCIL MEMBERS: loverhol t, Kaywood, Bay, Roth and Seymour
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NOES: COUNCIL MEMBERS: INone
ABSEJIT: COUNCIL MIMBERS: jNone
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 80R-564 on he 16th day of December, 1980.
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IN WITNESS WHEREOF, I have ltaereunto set my hand and affixed the seal of the """',c
City of Anaheim this 16th 1-y of December, 1980. }
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CITY C ' ,c OF THE CI OF ANAHEIM
(SEAL)
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I, LINDA D. ROBERTS, City t11erk of the City of Anaheim, do hereby certify that
the foregoing is the origi a1 of Resolution No. 80R-564 duly passed and adopted
by the Anaheim City Counci on December 16, 1980.
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Erl'Y CL~
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