78-592
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RESOLUTION NO. 78R-S_92_
A RESOLUTT nn OF THE CITY COUi~C T L OF TilE C TTY
OF ANAHEH' F I NALLY ACCEPTING THE '~m1PLETION
AND THE Fl~R:n SHING OF ALL PLANT ~ ,A BOR, SER-
VICES, r-1ATE~ 1 ALS AND EQUIPMENT I\.IT) M.L UTILI-
TIES AND TRM~SPORTATION INCLUDI l"<' !'OWEr{, FUEL
AND WATER. Aim THE PERFOlU1ANCE (H' ^ LL WORK
NECESSARY Tb ~ONSTRUCT AND COMPLP1.E THE FOLLOW-
ING PUBLIC ~tJl'fWVEMENT. TO WIT:
ANAHEIM BO*EVARD SEWER IMPROVEMENT, N/O
LA PALMA AVfBNUE, IN THE CITY OF ANAHEIM,
ACCOUN'l' NO.1 11-790-6325-0050.
vJHEREI~S. th, Ci ty Coune il of the Ci t~y ()f Ananc iT:'l did
cause to be publi shtd in a newspaper of genera 1 c irculat ic.n .
printed, published ~nd circulated in the City of Anaheim, to
wit: The Ana~1C~im B1Jl1etin, on the 4th and 11th days of
May . . .. . , 19 W---:---anotice invitingse-a1ed---
~.roposals tor- furni~hlii~-the following:
All plant, labor. sprvices, materials and equipment, and
all utilities a~d transportation, including power, fuel
and water, and performing all work necessary to construct
and complete Ln a good and workmanlike manner, in strict
accordance with the specifications. plans. and drawings
therefor on fi1~ in the Office of the City Enginper or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Anaheim Bouleva~ sewer improvement, from 180' N/o La
Palma Avenue toi La Palma Avenue, in the City of Anaheim,
consisting of ~ construction of 190 L.F. of 8w V.C.P.,
4- V.C.P. later , manhole and all other work as shown
and delineated ,. the specifications on file in the Office
of the City En9~neer, Account No. 11-790-6325~0050,
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in accordance with ~he desi&,ns, plans, profiles and specifica-
tions prepared by . ;the PubI1c Works Department
and the notice inviting sealed proposals, which said notice
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specified that sealed proposals as specified in said notice
would be received up until 2:00 o'clock P.H. of the 18th
day of Mat ' 19 78 , and which said notice d~--
state and dec 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 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 May 18 , 19 BL-, at the hour
of 2:00 o'clock P.M., the City Clerk and t~e City Engineer
of the City of Anahe~m 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 nlBaltd a - -tregu1ar meeting; and
s--econ au acquen
. s^~~~~bs~~beh~ty Council o~ the City of Anaheim did,
at lts ~ . regular meet lng, held on the 30th day
of May , 1978 , at the hour of 1:30 o'clock P.M.,
consider the sealed proposals submitted for furnishing the
materials and perfor~ing the work hereinabove more particularly
deseribed and set forth, and did thereupon find and determine
that the sealed proposal submitted by FLEMING ENGINEERING, INC.,
13909 Artesia Boulev~rd, Gerritos, California 90701 --
for the construction, installation and comple~ion of said
Anaheim Boulevard sewer im rovement, north of La Palma Ave., in
te Clty 0 Aaa eim, Aceount o.
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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 n~e~s-
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
for and on behalf of the City of Anaheim with said contractor,
which said contract was duly made and entered into on the 2nd
day of June , 19~; and
WHEREAS, the said contractor has furnished all plant,
labor, services, mat~ria1s 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 wi~h the specifications, plans and drawings
of said public impro.ement as specified in the notice inviting
sealed proposals and in the detailed designs, plans, drawings
and specifications ptepared by the P~blte Works Dep~r~pnr
, an t e contract ma e and
entered into with said contractor by the City of Anaheim1 and
WHEREAS, the Director of p
has duly certified t~ t e construct1on an comp et10n 0
public improvement h.reinabove mentioned and described, in
accordance with the wlans and specifications and the contract
documents duly made and entered into with said contractor1 and
WHEREAS, the 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 accordance with the contract documents.
NOW, THERErORE, 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 workmanliJce manner, in strict accordance
with the specificati~ns, 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 ottly such sum or sums as may lawfully be
withheld in accordan~e with the provisions of said contract and
contract documents. That acceptance by the contractor of said
payments made in accQrdance with said final estimate shall op~r-
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.
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AND BE IT FURTHER RESOLVED that the Mayor be, and he
is hereby, authorize~ to execute and file a notice of completion
of said work as required by law.
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THE FOREqOING RESOLUTION is approved and adopted
~y thebCity Council Qf the City of Anaheim this 5th day of
eptem er . 197~.
ATTEST:
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~~~ AMHEIM
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STATE OF CALIFORNIA )
COUll'l'Y1iOF~G~ ) s..
CITY ~ AtUIIEDI )
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I, LIlQ)A D. ROBERTS, City Cl fk of the City of Anaheim, do herebycer~~f1 that
the foregoing Resolution No. 78R-592 w~ introduced and adopted at a ~gular
meetina provided by law, of e City Council of the City of Anaheim held on
the 5th day of September, 19 8, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: oterholt, ~ood, I<o_tt, Jtoth and Seympur
NOES: COUNCIL MEMBERS: Ntne
ABSENT: COUNCIL MEMBERS: Ntne
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AND I fURTHER CERTIFY that t~e Mayor of the City of Anaheim signed said
Resolution No. 78R-592 on thf 5th day of September, 1978.
IN WI'l'IESS WHEREOF, I have ht. teunto set my hand and affixed the seal of the
City of Anaheim this 5th day of September, 1978.
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CI CL OF mE CI OF ANAHEIM
(SEAL)
I, LINDA D. ROBE1TS, City C~rk of the City of Anaheim,
the foregoing is the origin ... of Resolution No. 78R-592
by the Anaheim City Council.. September 5, 1978.
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do hereby certify that
duly passed and adopted
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CITY CLERK
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