1973-326
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73R- 326
RESOLtrl'ION NO.
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A RESOLtrl'ION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND \"lATER, AND THE PERFORMANCE OF -ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
TWILA REED PARK GRADING AT THE SOUTHEAST CORNER
OF ORANGE AVENUE AND PARKVIEW STREET, IN THE
CITY OF ANAHEIM, WORK ORDER NO. 736.
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WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on the 10th and 17th days
of May , 19 73 , 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 good and workmanlike manner, in strict
accordance with the specifications, plans and drawings
therefor on file in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Twila Reed Park grading at the southeast corner of
Orange Avenue and parkview Street, in the City of
Anaheim, consisting of earth grading, removal of turf,
demolition of buildings, trees and pipes and the removal
of all debris, and appurtenant work as more particularly
set forth in the plans and specifications on file in the
Office of the City Clerk or City Engineer, Work Order
No. 736.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Depar:tment . . '
and the notice inviting sealed proposals, wh1ch sa1d not1ce
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 24th day of
May , 1973 , 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 ascer-
tained 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
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WHEREAS, on May 24 , 19 73 , ,:it. t.he hour of
2:00 o'clock P.M, ,-~he City Clerk and the CIty Engineer of
the CIty of Anaheim did open sa~d sealed proposals rece1ved IIp
to that time for t"he furnishing of all plant, labor, serv,lces.
materials and equl.pment, and all utilities and transportatior"
including power, fuel and wat.er, and performing all work neces,-
sary to construct and complete, "In a good and workmanlike manner.
In strict accordance w.lth the speclfications, plans and dxawlngs
therefor on file In the Office of the City Clerk of the CIty of
Anaheim, the public 1mprovement here~nabove more particularAY
described and set f.orth, in public, in the City CouncIl Chamber
in the City Hall, Anaheim, California, and the City Engl.neer dld
tabulate the result of said sealed proposals and did make a
report to the Ci ty Council at i.ts next - - - - - - regu Lar
meeting; and
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WHEREAS, the c~ty Council of the City of Anaheim did,
at its next - - - - - - regular meetl.ng, held on the 29th
day of May, 1973 , at the hour of 1: 30 0' clock
P.M., consider the sealed proposals 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 MANESS EXCAVATION' GRADING, INC.,
7223 E. Alondra Blvd., Paramount, California 90723
for the construction, l.nstallation and completion of said Twila
Reed park grading at the SE cor. of Orange Ave.' parkview St.,
City of Anaheim, Work Order No. 736. hereinabove mentl"oned
and described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said MAN... ESSEXCAVATION , GRADINGf INC.
for urnishl.ng all plant, labor,
servl.ces, materials and equipment and all utilities and transpor-
tation, 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 improvement as specified in said not1ce
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 of the City of Anaheim withMANESS EXCAVATION' ;RADING, INC.
whic sal.d
contract was duly made and entered into on the 31st day of
Mav , 1911--; and
WHEREAS, the said MANESS EXCAVATION' GRADING, INC.
has furnished all plant, labor,
serVl.ces, materl.als and equipment and all utilities and trans-
portation, and performed all work necessary for the construction
and completion, in a.good and workmanlike manner, in 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 the Public Works Desartment
, and the contract made an entered into
wl.th it by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction and completion of sal.d
public improvement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said MANESS EXCAVATION , GRA~N~. INC.
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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 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
performance of all work necessary to construct, install and com-
plete, in'a good and workmanlike manner, in strict accordance
with the specifications, plans an~ 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 provisions
of the contract documents, and that the balance due said con-
tractor for said work be paid to it thirty-five (35) days
from and after final acceptance ot:f~id 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 contractor of said payments made in accord-
ance 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 em-
ployees, excepting only claims against the City for amounts \-31th-.
held by the city at the time of such payment.
AND BE IT FURTHER RESOLVED unat the Mayor and the C1ty
Clerk of the City of Anaheim be, and they are hereby authorized
to execute and file a notice of completion of said work as
required by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 7th day of Auqust , 1911--.
ATTEST:
~~F~~cr~ ANAHEIM
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STATE OF CALIFOP~IA )
COUNTY OF ORANGE ) sa .
CITY OF A!~AHEIM )
It DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-326 was
passed and adopted at a regular meeting of the City Council held
on the . 7th day of August , 19--.1.1, by the following
vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom,
and Dutton
NOES: COUNCILMEN': None
ABSENT: COUNCIUtEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the .?th _ day of
August , 19-LL-.
IN WITNESS WliEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 7th _ day of
4u~ust , 19~.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
73R-326 duly passed and adopted by the Anaheim City Council on
August 7, 1973.
iL ~d[J~
City Clerk
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