80R-032
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RESOLUTION NO. 80R-32
A RESOLUT~ON OF THE CITY COUNCIL OF THE CITY
OF ANAHEI FINALLY.ACCEPTING THE COMPLETION
AND THE F RNISHINGOF ALL PLANT, LABOR, SER-
VICES, MA ERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND!TRANSPOR1ATION INCLUDING POWER,
FUEL AND ~ATER, AND THE PERFORMANCE OF ALL
WORK NECE~SARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING IPUBLIC IMPROVEMENT, TO WIT:
SLURRY SE4L CONTRAOT, IN THE OITY OF
ANAHEIM, ~qCOUNT NO. 01-232-6340-00002.
WHEREAS, tjhe City Council of the City of Anaheim did
cause to be PUbliSh$. in a newspaper of general circulation
printed, pUblishedd circUl.ated in the City of Anaheim, to wit:
The Anaheim Bulleti, on Febfuar1 22. 1979, qnd
March 1 h ' 9~, a notice inviting sealed
proposals for ~urnisring the following:
All plant, labor, services, materials and equipment,
and all utiliti~s and transportation, including power,
fuel and water,i and performing all work necessary to
construct and c~mplete in a good and workmanlike man-
ner, in strict ~ccordance with the specifications,
plans and drawit'1gs therefor on file in the Office of
the City Engine~r or City Clerk of the City of Anaheim,
the fOllowing p~blic improvement, to wit:
Application of lurry seal, consisting of a
mixture of asph iltic emu~sion, mineral
aggregate, an a celerato~ and water, upon
existing roadwa surface at such locations
and s'reets in be City of Anaheim indicated
by and to the s tisfaction of the Director
of Public Works All wo~k to be done in
acco~4ance with the specttications for this
project on filel~. n the Otfice of the City
Engineer, Acco~t No. 01-232-6340-00002.
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in accordance with t ~ design$, plans, profiles and specifica-
tions prepared by
and the noti~e invit notice
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specified that seale~ proposals as specified in said notice
would be received up until 2:00 o'clock P.M. of the 8th __
day of March i ,1979 ,and which said notice d:r-a-
state and declare th~ purSUiTIt 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 wages for each type of
labor needed to exec~te said contract, and did state that the
prevailing hourly waf'e scale so ascertained was on file in the
Office of the City Cerk; and
WHEREAS, on , l'Iar~~ 8 , 19~, at the hour
of 2:00 o'clock P.M~, the City erk and t'he C1.ty Engineer
of the City of Anahe1m did open said sealed proposals received
up to that time for he furnishing of all plant, labor, services,
materials and equipmnt, and all utilities and transportation,
including power, fuel and water, and performing all work necessary
to construct and comrilete, 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 fo~th, in public, in the City Council Chamber
in the City Hall, An~heim, California, and the' City Engineer did
tabulate the result ~f sai~6~~~~ed proposals and did make a report
to the City Council ~t its ~ subsequent regular meeting; and
WHEREAS the jCity Council of the City of Anaheim did,
at its MMttS&68Siquerb regular meeting, held on the 20th day
of ",arch ,1197~, at the hour of 1:30 o'clock P.M.,
consider the sealed PlropOSils submitted for furnishing the
materials and perfor~ng the work hereinabove more particularly
described and set fo~h, and did thereupon find and determine
that the sealed propolsal submitted by TED R. JENKINS, 5400 Th~
and comple~ion 0 said
of Anaheim,
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; hereinabove mentioned and
described, was the lo~st responsible proposal submitted there-
for, and thereupon ac~epted said bid and did award a contract
to said contractor for furnishing all plant, labor, services,
materials and equipmept 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 accord', nee with the specifications, plans and
drawings, the said pu~lic improvement as specified in said
notice inviting seale~ 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 w,s duly made and entered into on the 26th
day of M~r~~, 19~; and
WHEREAS, the ,aid contractor has furnished all plant,
labor, services, mateiials and equipment and all utilities and
transportation, and p rformed all work necessary for the con-
struction and completon, in a good and workmanlike manner, in
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strict accordance wi~ the specifications, plans and drawings
of said public impro~~ent as specified in the notice inviting
sealed proposals and ;in the detailed designs, plans, drawings
and specifications p~epared by th~ P~ltc Wprks
De~1:~"'nt .. , an t e contract made and
entere nto with sa~d contractor by the City of Anaheim: and
WHEREAS, t~ City Council finds that said contractor
has completed said p~lic imp~vement hereinabove more particu-
larly described in adbordancewith the provisions of the con-
tract and the contracft documents, and that notice of completion
should be filed and ~yment of the balance due said contractor
authorized in accord~ce with the contract documents.
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NOW, THEREF~RE, BE IT RESOLVED by the City Council of
the City of Anaheim ~at all plant, labor, services, materials
and equipment and all utilities and transportation, and the per-
for.mance of all work ~cessary to construct, install and com-
plete in a good and wprkmanlike manner, in strict accordance
with the specificatio~, plans and drawings therefor on file in
the Office of the City Clerk of the City of Anaheim, together
with the appurtenancep thereto, said public improvement herein-
above more particular~y 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 wprk be paid to said contractor thirty-five
'(35) days from and after final acceptance of said work as evi-
denced 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 accordanc~ 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 oper-
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 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.
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AND BE IT FWRTHER RESOLVED that the Mayor be, and he
is hereby, authorized'to execute and file a notice of completion
of said work as requited by law.
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THE FOREGPING RESOLUTION is approved and adopted
by the City Council! 'of the C'ity of Anaheim this 22nd day of
Januarv . 19!~.
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ATTEST:
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STATI OF ,c,.\I.I~ORNIA )
COU!CY OS 0I.ANta ) ss
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City f~erk of th~ City of Anaheim, do hereby certify that
the foregoing Resolution N~t 80R-32 w~s introduced and adopted at a regular
meeting provided by law, of i the City Council of the City of Anaheim held on
the 22nd day of January, 1'$0, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: /l)verhol t, !Caywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: ~one
ABSElIT: COUNCIL MEMBERS: )lone
AND I FURTHER CERTIFY that! ~he Mayor pf the City of Anaheim signed said
Resolution No. 80R-32 on t.. 22nd day of January, 1980.
IN WITNESS WHEREOF, I have.. nereunto s~t my hand and affixed the seal of the
City of Anaheim this 22nd ..y of January, 1980.
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CI'lY C ... OF 'DIE' CI'lY F ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City ~~erk of the City of Anaheim, do hereby certify that
the foregoing is the Origit'~l of Reso1ution No. 80R-32 duly passed and adopted
by the Anaheim City Counci on January 22, 1980.
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CI'lY CLERK
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