1981-443
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RESOLUTION NO. 81R-443
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PL~NT, LABOR, SER-
VICES, MATERIALS AND EQUIPME~T AND ALL UTIL-
ITIES AND TRANSPORTATION INC~UDING POWER,
FUEL AND WATER, AND THE PERF~RMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT. TO WIT:
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LA PALMA AVENUE STREET IMPROVIEMENT, LIBERTY
LANE TO EAST STREET, IN THE C~TY OF ANAHEIM,
ACCOUNT NO. 12-792-6325-E2770'.
WHEREAS, the City Council of .the City of Anaheim did
cause to be published in a newspaper ort general circulation
printed, published and circulated in t~e City of Anaheim, to wit:
The Anaheim Bulletin, on the 14th and 1st da s of Ma
, 19 81 ,I a notice invi t ng sealed
proposals for furnishing the fOllowing:
All plant, labor, services, materials and equipment,
and all utilities and transportation, includinR 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:
La Palma Avenue street improvement, Liberty Lane to East
Street, in the City of Anaheim, consisting of clearing
and grubbing; excavation; construction of P.C.C. curb,
gutter, sidewalk, access ramps and drive approaches;
construction of concrete block retaining wall; construc~
tion of asphalt concrete; reseedin~ of lawns; modifica-
tions of sprinklers, planting of hedge; and all appurten-
ant work as shown on the plans and delineated in the
specifications on file in the office of the City Engineer,
Account No. l2-792-6325-E2770,
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in accordance with the desi~ns, plans, profiles and specifica-
tions prepared by the Publ~c Works Dep4rtment
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and the notice inviting sealed proposals, which said notice
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specified that ~ ~led proposals as specifi~ in said notice would
be received up until 2:00 o'clock P.M. of the 4th day of
June . , 19 81 , and wh ich said not ice 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, and did state that the prevailing hourly wage
scale so ascertained was on file in the Office of the City Clerk,
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\olHEREAS, on the 4th day or June , 19 81, at
the hour of 2:00 o'clock P.M., the City Clerk and the C1tY~~lneer
or the City of Anaheim did open said s~aled proposals received up
to that time for the furnishing of all 'plant, labor, services,
materials and equipment, and all utilities and transportation, in-
cluding power, luel and water, and per~orming all work necessary to
construct and complete, in a good and workmanlike manner, in strict
accordance with the specifications, pl~ns and drawings therefor on
file in the Office of the City Clerk ot the City of Anaheim, the
pUblic improvement hereinabove more particularly described and set
forth, in public, in the City Council ahambe~ 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 SUbsequent regular or adjourned rep;ular.meeting;
and
WHEREAS, the City Council of the City of Anaheim did, at
its second subsequent regular or adjourned regular meeting, held
on the ~6~h day of June , 19~, at the hour of 1:30
o'clock . ., consider the sealed proposals submitted for furnish-
in~ the materials and performin~ the wo~k hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the sealed proposal submitted by ifOXCO ASSOCIATES, P. O. Box.
489, 1201 Alvarez Ave., Orange, Californ a 92868
for the.construction, installation and completion of said
La Palma Avenue Street 1m rovement, Libe t Land to East Street, in
the City of Anaheim, Account No. 120792- 325-E2 00'
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hereinabove mentioned and
described, was the lowest responsible proposal submitted therefor,
and thereupon accepted said bid and did award a contract to said'
contractor for furnishin~ 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, ina 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 of the City of
Anaheim with said contractor, which saia contract was duly made and
entered into on the 22nd day of July , 19~; 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 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 oontractor by the City of
Anaheim; and
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WHEREAS, the Public Works Executive Director has duly
certified to the construction and completion of said public im-
provement 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 fi~ds that said contractor has
completed said public improvement here~nabove more particularly
described in accordance with the provi$ions 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, la~or, services, materials
and equipment and all utilities and tr~nsportation, and the per-
formance of all work necessary to cons~ruct, install and complete
in a good and workmanlike manner, in stlrictaccordance with the
specifications, plans and drawings the~efor on file in the Office
of the City Clerk of the City of Anahe1m, together with the appur-
tenances thereto, said public improvem~nt 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 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 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, exoepting only claims against
the City for amounts withheld by the City at the time of such
payment.
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AND BE IT FURTijER 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 22nd day of
September 19 81.
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~THE CITY OF ANAHEIM
ATTEST:
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STAT! 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. 81R-44~ was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 22nd day of September, 1981, by the followi~ vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bay and Seymour
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 81R-443 on the 22nd day of Sieptember, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of September, 1981.
~ .L~.h).~LU
CITY LERK OF THE I F ANAHE 1M
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-443 duly passed and
adopted by the Anaheim City Council on September 22, 1981.
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CITY CL
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