1982-420
./
RESOLUTION NO. 82R-420
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
FAIRMONT SUBSTATION PERIMETER LANDSCAPING,
IN THE CITY OF ANAHEIM, ACCOUNT NO. 55-665-
6329-75800-36100.
WHEREAS, the City Council of the City of Anaheim did
cause to be pUblished in a newspaper of ~eneral circulation
printed, published and circulated 1n the City of Anaheim, to wit:
The Anaheim Bulletin, on the 5th and 12th days of November
J 19 81, a notice inviting sealed
proposals for furnishing the following:
All plant, labor, services, materials and equipment,
and all utilities and 'transportation, including power,
fuel and water, and performing all work necessary to .
construct and complete in a ~ood and workmanlike man-
ner. in strict accordance with the specifications,
plans and drawin~s therefor on file in the Office of
the City Engineer or City Clerk of the City of Anaheim,
the following pUblic improvement, to wit:
Fairmont Substation perimeter landscaping, in the City of
Anaheim, consisting of clearing and grubbing; excavation:
landscaping; construction of irrigation and electrical
systems; fine grading and soil amendments: vapam fumiga~
tion; maintenance period; and a11 appurtenant work as
shown on the plans and delineated in the specifications
on file in the office of the City Engineer, Account No.
55-665-6329-75800-36100,
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works DeDartment
and the notice inviting sealed proposals, which said notice
,
ATT -40
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specified that s led proposals as speeifie~ in said notice would
be received up until 2:00 o'clo~k P.M. of the 19th. day of
~nvfmh~r · , 19Ju-, and which said notice did state and
-ec-are 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, and did state that the prevailing hourly wage
scale so ascertained was on file in the Office of the City Clerk.
\ and
,
;mE~EAS. on the 19th day of November , 19 81, at
the hour of "2:00 o'clock. P.M., the City Clerk and the C1ty~g1neer
or the City or Anahe1m did open said ~ealed proposals. received up
to that time tor. the furnishing or all plant, labor. services,
materials and equipment. and all utilities and transportation, in-
cluding power, .ruel and water. and performing all work necessary to
construct and complete, in a good and workmanlike manner, 1n strict
accordance with the specifications, plans and draw1n~s therefor on
rile in the Office or the City Clerk ot.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;
Anaheim, California, and the City Engineer did tabulate the result.
or said sealed proposals and did make a report to the City Council
at its third subsequent regular or adjourned regular meeting;
and ..' "
WHEREAS, the City Councilor the City or Anaheim did, at
its third subsequent regular or adjourned regular meeting, held
on the 8th day of December J 19 81 J at the hour ot 1: 30
o'clock P.M., consider the sealed proposals submitted ror rurnish-
in~ the materials and perrorming the work hereinabove more particu-
larly described and set forth, and did thereupon rind and determ1ne
that the sealed proposal submitted by ARTISTIC LANDSCAPE. 9223
Cedartree Road D wne California 90240
tor the construction, installation and completion 0 said
Fairmont Substation perimeter landscaping, in the City of Anahe1m,
A.~~t:lnn~ Nn. 55-665-632Q-75ROO-36100
"
hereinabove mentioned and
described. was the lowest respons~ble proposal 6ubm1tted therefor,
and thereupon accepted said bid and did award a contract to said"
contractor for furn1sh1nK all plant. labor. servl~Qg, materiala and
equipment and all utilities and 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, 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
.Anaheim to execute a contract for and on behalf or the City of
Anaheim w1th said contractor, which said contract was duly made and
entered into on the 5th day or January , 19.!!!.J and
WHEREAS J 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, 1n str1ct
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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 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
WHEREAS, the Public Works Executive Director has duly
certified to the construction and completion of said public 1m-
~ provement hereinabove mentioned and described, 1n 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 pUblic improvement hereinabove more particularly
described 1n accordance with the provisions of the contract and
the contract documents, and that notice of completion should be
filed and payment of the balance due said contractor authorized
in accordance with the contract documents. .
NOW, THEREFORE, 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 workmanlike manner, in strict accordance with the
specifications, plans and drawin~s therefor on file 1n 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 fo~ said work
be paid to said contractor thirty-five (35) days from and after
final acceptance of said 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 contracto~ fo~ 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 withheld by the City at the time of such
payment.
AND BE IT FURTHER RESOLVED that the Mayor be, and he is
hereby, authorized to execute and file a notice of completion or
said work as required by law.
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THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this ]7~~ day of
A'll)"9+- , 19li2...
~A:,
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
c;;;d,C~~~IM
/frn
"
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 82R-420 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 17th day of August, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 82R-420 on the 17th day of August, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 17th day of August, 1982.
~.J.~)~
CITY CLIRK OF THE CITY ANAHEIM
( SEAL )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 82R-420 duly passed" and
adopted by the Anaheim City Council on August 17, 1982.
C>!t. -t .I,~
" CITY CLERK
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