78-590
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RESOLUTION NO. 78R-590
A RESOLUTIOI!"j OF THE CITY COUi~CIL OF TIlE CITY
OF ANAI1En~ 'I NALLY ACCEPTING THE r:m1PLETION
AND THE FI~R,nSHING OF ALL PLANT 1.ABOR, SER-
VICES, HATE'lALS AND EQUIPMENT [\.IT) ^LL UTILI-
TIES AND TR NSPORTATION INCLUDIL,'(. POWER., FUEL
AND WATER, ND THE PERFOlU1ANCE OF ALL WORK
NECESSARY T r.OHSTRUCT AND COMPT_FTE THE FOLLOW-
ING PUBLIC HPROVEMENT. TO WIT:
LEMON STREE~,'. SEWER IJ-IPROVEMENT, SIO LIBERTY
AVENUE, IN CITY OF ANAHEIM, ACCOUNT NO.
11-790-6325 0040.
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WHEREAS, thl City Council of the City 0f AnahciQ did
cause to be' publish d in a newspaper of gene.ral circula't ic.n.
printed, pub!i~hed nd circulated in the City of Anaheim,J to
wit: The Ana~1(~im B lletin, on the 20th and 27th days or
APfil, 1,., 19 1fr , a notice inviting se-aled--
~,roposals or- furni~hlng-fhe follOwing:
All plant, labo;" services, materials and equipment, and
all utUities a d transportation, including power, fuel
and water, and erforming all work necessary to construct
and complete in, a good and workmanlike manner, in strict
accordance withlthe specifications, plans'and drawings
therefor nn fil. in the Office of the City Engineer or
City Clerk of t~e City of Anaheim, the following public
improvement, to!wit:
Lemon Street s er improvement, from Liberty Avenue to
338' S/o Liber Avenue, in the City of Anaheim, con-
sisting of the constnuction of 335 L.F. of 8" V.C.P.,
6" D.I.P., latal: manhole and all appurtenant work as
shown on the p ansand delineated in the specifications
on file in the ffice of the City Engineer, Account No.
ll-790-6325-00~0,
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in accordance with the designs, plans, profiles and specifica-
tions prepared by ~ Public Works Department
and the notice inviting sealed proposals, which said notice
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specified that seal~ proposals as specified in said notice
would be received up! until 2:00 o'clock P.M. of the 11th _
day of J.V1ay , ,1978 ,and which said notice did
state and declare t~t, pursuant to the provisions of Section
1770 of the Labor C~e, the City Council of the City of Anaheim
had ascertained the ~revailing rate of wages for each type of
labor needed to exec~te said contract, and did state that the
prevailing hourly w~e scale so ascertained was on file in the
Office of the City qlerk; and
WHEREAS, on i 11 ,1978 ,at the hour
of 2:00 o'clock P. ., ~ty and the City Engineer
of the City of Anaheim did open said sealed proposals received
up to that time for he furnishing of all plant, labor, services,
materials and eqUiP~nt, and all utilities and transportation,
including power, fu and water, and perfor,ming all work necessary
to construct and co lete, 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, Anjaheim, California, and the' City Engineer did
tabulate the result pf said sealed proposals and did make a report
to the City Council ~t its ~d subacqucnEegular meeting; and
~JAiSUb thel City Council of the City of Anaheim did,
at its s seqfen~egular meeting, held on the 23rd day
of Y ,i 1978 ,at the hour of 1:30 o'clock P.M.,
consider the sealed proposals submitted for furnishing the
materials and perforpting the work hereinabove more particularly
described and set fojrth, and did thereupon find and determine
that the sealed prop sal submitted by MATT J. ZAICH, JR., 309
West Broadway, Glen ale, California Y1204
or t e constructio , insta ation an comp etion 0 sai
Lemon Street sewer rovement sou h f
t 0 Anaheim Ac unt No. 11- 2 -
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hereinabove mentioned and
described, was the l~est responsible proposal suboitted there-
for, and thereupon a~cepted said bid and did award a contract
to said contractor f~r furnishing all plant, labor, services,
materials and equipmjent and all utilities and transportation,
including power, fue1 and water, and performing all work neces-
sary to construct anp complete, in a good and workmanlike man-
ner, in strict accorijance with the specifications, plans and
drawings, the said p~blic improvement as specified in said
notice inviting seal~d proposals, and did authorize the Mayor
and the City Clerk o~ the City of Anaheim to execute a contract
for and on behalf of the City of Anaheim with said contractor,
which said contract was duly made and entered into on the 26th
day of May , 19~; and
WHEREAS, thej said contractor has furnished all plant,
labor, services, mat~rials and equipment and all utilities and
transportation, anderformed all work necessary for the con-
struction and comple ion, in a good and workmanlike manner, in
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strict accordance wiqh 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 the Public Works Department
. , and the contract made and
,'.-.., entered into with sa~d contractor by the City of Anaheim; and
WHEREAS, t~e Dir,ctor of Public Works
has duly certified t~ the conStruction and completion of said
public improvement h~reinabove mentioned and described, in
accordance with the lans and specifications and the contract
documents duly made ,d entered into with said contractor; and
WHEREAS, tje City Council finds that said contractor
has, completed said P blic improvement, hereinabove more. particu-
larly described in a cordance with the provisions of the con-
tract and the contra t documents, and that notice of completion
should be filed and ayment of the balance due said contractor
authorized in accord~ce with the contract documents.
NOW, THERE~RE, BE IT RESOLVED by the City Council of
the City of Anaheim ~at all plant, labor, services, materials
and equipment and al~ utilities and transportation, and the per-
formance of all work jnecessary to construct, install and com-
plete in a good and ~rkmanlike manner, in strict accordance
with the specificatiis, plans and drawings therefor on file in
the Office of the Ci Clerk of the City of Anaheim, together
with the appurtenanc s thereto, said public improvement herein-
above more particula~ly described and set forth, in the City of
Anaheim, by said con~,ractor, be, and the same are hereby, accepted
subject, nevertheles~, to all the terms, conditions and provi-
sions of the contrac~ documents, and that the balance due said
,contractor for said ~rk be paid to said contractor thirty-five
(35) days from and a~ter final acceptance of said work as evi-
denced by the adopti~ of this resolution, but not sooner than
thirty (30) days aft~r the date of the filing of notice of com-
pletion, excepting o~ly such sum or sums as may lawfully be
withheld in accordande with the provisions of said contract and
contract documents. iThat acceptance by the contractor of said
payments made in accqrdance with said final estimate shall op~r-
ate and shall be a r~lease to the City of Anaheim, its officers,
agents and employees from all claims and liabilities due the
contractor for anyth~ng 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 iemployees, 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 auRTHER RESOLVED that the Mayor be, and he
is hereby, authorized to execute and file a notice of completion
of said work as requi!red by law.
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THE FORE~ING RESOLUTION is approved and adopted
by the, City Council,'of the City of Anaheim this 5th day of
September t 19.7L.
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ATTIST:
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STATE OF ~~IA )
COUWTY,(TF ~I ) S'8.
CITY of AlWmtM )
It LINDA D. ROBERTS, City Cl.rk of the City of Anaheimt do hereby certify that
the foregoing Resolution No.' 78R-590 was introduced and adopted at a regular
meetina provided by law, of ~he City Council of the City of Anaheim held on
the 5th day of September, 19178t by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: O\Terholtt Kdywoodt Kottt Roth and SeYBl>ur
NOES: COUNCIL MEMBERS: Nbne
ABSENT: COUNCIL MEMBERS: Nbne
AND I FURTHER CERTIFY that ttte Mayor of the City of Anaheim signed said
Resolution No. 78R-590 on th~ 5th day of Septembert 1978.
IN WITMESS WHEREOFt I have ~~eunto set my hand and affixed the seal of the
City of Anaheim this 5th day' of Septembert 1978.
CI~~~IM
(SEAL)
I, LINDA D. ROBE~TSt City C~rk of the City of Anaheim, do hereby certify that
the foregoing is the origin~ of Resolution No. 78R-590 duly passed and adopted
by the Anaheim City Council bn September 5t 1978.
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