78-464RESOLUTION NO. 78R -464
A RESOLCITTOi; i�F THE CITY cotJIN H, OF THE CITY
OF ANAIIET�' FINALLY ACCEPTING `I'IIE ;OP7PLETION
AND THE FUR ;JSPING OF ALL PLANT TX OR, SER-
VICES, MATLIk I ALS AID EQUIPMENT i�, ir) AIA, UTILI-
TIES AND TRANSPORTATIOiv I114'CLUDf`r f'()WER, FUEL
AND WATER, A14D THE PERFORPIANCE O I�' ALL WORD
NECESSARY TO CONSTRUCT AND COMPLr?iT, THE FOLLOW-
ING PUBLIC lk'['PC�VEMENT , TO WIT:
CANYON RIM ROAD AND FAIRMONT BOULEVARD
STREET IMPROVEMENTS, WORK ORDER NOS 763 — 782 —
1265, 2124 and 2296; AND 781 -B, 2293, 2294 and 2295
ACCOUNT NO. 13- 792 - 6325 -2090 (1978 - 1979).
6JHERE?�S , the City Council of the Cit. -y of Anancim c! i d
cause to be Published in a newspaper of general circulatic
printed, pub!i_shed and circulated in the City of Anaheim, to
wit: The Ana:leim Bulletin, on th 14t and 21st days of
Oct , 1976 _, a notice inviting sealed
:�roposals or furnishing; the following:
All plant, labor, services, materials and equipment, and
all utilities and '-ransportation, including power, fuel
and water, and performing all wort: necessary to construct
and complete in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings
therefor on file in the Office of the City Eng,in -er or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Clearing and grubbing, excavation, import borrow,
construction of A.C. pavement, aggregate base,
P.C.C. curb and gutter and curb, P.C.C. sidewalk,
driveways, and textured concrete, reinforced
concrete retaining wall, P.C.C. terrace drains,
installation of irrigation facilities, landscaping,
hydromulch and ground cover, modification of water
services, construction of R.C.P. storm drain
including manholes, catch basins and junction
structures, construction of V.C.P. sewer and man—
holes, installation of survey monuments, and all
appurtenant work in accordance with the plans and
specifications on file in the Office of the City
Engineer, Account No. 13- 792 - 6325 -2090 (1978 - 1979).
in accordance with the designs, plans, profiles and specifica-
tions prepared b_y the P Wo D epartment
and the notice inviting seated proposals, which sa —- notice
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ATTY -40
specified that sealed proposals as specified in said notice
would be received up until 2:00 o'clo d: P.M. of the 4th
day of November , 19 , and which said notice df_ d
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 execute said contract, and did state that the
prevailing hourly wage scale so ascertained was on file in the
Office of the City Clerk; and
WHEREAS, on November 4 , 19 , at the hour
of o'clock P.M., the City Clerk and the City Engineer
of the City of Anaheim did open said sealed proposals received
up to that time for the furnishing of 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 good and workmanlike 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, 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 of said sealed proposals and did make a report
to the City Council at its next - - - - - regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 9th day
of N aVemb Q r 19 'Z 6 at the hour of 1:30 OTC lock P . M. ,
consider the sealed propo -- sas submitted for furnishing the
materials and performing the work hereinabove more particularly
described and set forth, and did thereupon find and determine
that the sealed proposal submitted by C. W. POSS. INC.,,
7 459 L o
a Circle Htlntin Beach California 9;)647 7
fo'r the cnstruction, installation and completion of said Cany
Rim Rond and Fairmont Boulevard Street Improvements, Work Order
Nos. 7Q - R, 78? - B, 1265, 2124 and 2296, Account
ATn 13 -7Q2 63?� -2Q9� hereinabove mentioned and
described, was the lowest 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
m for and on behalf of the City of Anaheim with said contractor,
which said contract was duly made and entered into on the 15th
day of Novemb erl 9 7 l ; 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 con-
struction and completion, 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 prepared by th
Department , and the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the public Wor4s Department
has duly certified to the construction and completion of sa said
public improvement hereinabove 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 public improvement hereinabove more particu-
larly described in accordance with the provisions of the con-
tract and the contract documents, and that notice of completion
should he 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 com-
plete in a good and workmanlike 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 appurtenances thereto, said public improvement herein -
above more particularly described and set forth, in the City of
Anaheim, by said contractor, 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-
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 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 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.
AND BE IT FURTHER 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 FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 18th day of
July_ V 197 8 -
A-1
-- Y OF'ANAHEIM
MAYOR 01 111E CIT
ATTEST:
CITY CLERK - 5"HE CITY OF ANAHEIM
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. 78R -464 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of July, 1978, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said
Resolution No. 78R -464 on the 18th day of July, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of July, 1978.
LINDA D. ROBERTS, CITY CLERK
BY �` .:' is '� c C C'� �k ' -.C'
DEPUTY CITY CLERK
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R -464 duly passed and adopted
by the Anaheim City Council on July 18, 1978.
LINDA D. ROBERTS, CITY CLERK
BY
DEPUTY CITY CLERK f