78-653
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R I~SOLUTION NO.
78R-~5~
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A RESOLUTIO,I OF THE CITY COlJi~CIL OF TIlE CI.TY
OF ANAI1En~ It I NALLY ACCEPTING THE '":ot1PLETION
AND THE FI!RtHSHING OF ALL PLANT LABOR, SER-
VICES, HATE~lALS AND EQUIPMENT i\,iT) ^LL UTILI-
TIES AND TRIiNSPORTATION INCLUDHH, POWER, FUEL
AND WATER, 4ND THE PERFORHANCE (H' ALL WORK
NECESSARY TO r.ONSTRUCT AND COMPLFTE THE FOLLOW-
ING PUBLIC lrWRC,VEMENT, TO WIT:
KATELLA AVEiUE, EUCLID STREET AN D BROADWAY
STREET IMPR VEMENT PROJECT, IN THE CITY OF
ANAHEIM, AC.OUNT NOS. 13-793-6325-3030,
13-792-6325+2110 AND 13-793-6325-3040.
WHEREAS, th~ City Council of the City f)f Anancir.1 did
cause to be publisheid in a newspaper of general circulat ic.n.
printed, pubLished ~nd circulated in the City of Anaheim, to
wit: The Anaheim Btflletin, on the l~th and 20tL~-2.f. __
APii1. . . . ,19 78 , a notice inviting sealed
~,roposals or furnishIng-the forlOwing:
All plant, labo~, sprvices, materials and equipment, and
all utilities a~d transportation, including power, fuel
and water, and p'erforming all work necessary to construct
and complete in:a good and workmanlike manner, in strict
accordance with the specifications. plans" and drawings
therefor on fila in the Office of the City Engineer or
City Clerk of t~e City of Anaheim, the following public
improvement, to wit:
,....-..,
Katel1a A~enue, Euclid Street and Broadway Street im-
provement projeqt, in the City of Anaheim, Kate11a
Avenue - 665' E~o Douglass Road to 57' W/o Raster Street;
Euclid Street - IEall Road to Cerritos; Broadway - Magnolia
Avenue to Dale ~venue, consisting of asphalt concrete re-
moval; heater ra,mix; application of rejuvenating agent;
construction of asphalt concrete; adjustment of manholes
and survey monuments to grade; installation of traffic
detector loops; and all appurtenant work as shown on the
plans and de1in~ated in the specifications on file in the
Office of the C~ty Engineer, Account Nos. 13-793-6325-3030,
13-792-6325-2110 and 13-793-6325-3040,
in accordance with ~he designs, plans, profiles and specifica-
tions prepared by ~PUb1i! Works Departmen.t.___
and the notice inviding sea ad 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.M. of the ~t~ "
day of May , 19~, and which said notice i
state and declare th4t, 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 exec4te said contract, and did state that the
prevailing hourly wa~e scale so ascertained was on file in the
Office of the City C~erk; and
WHEREAS, on . May 4 , 19 78 , at the hour
of2:00 o'clock P.M.[, the City Clerk and the 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 equipmant, and all utilities and transportation,
including power, fue] and water, and performing all work necessary
to construct and comp,lete, in a good and workmanlike manner, in
strict accordance wiijh the specifications, plans and drawings
therefor on file in qhe 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, An~heim, California, and the City Engineer did
tabulate the result of said sealed proposals and did make a report
to the City Council at its ~~xxxxxxxxxxx regular meeting; and
second subsequent
WHER!A~l the :City Council of the City of Anaheim did,
at its ~xytx~lfi~Wfn1regular meeting, held on the ~ day
of Ma.?t ,-rt9 7B__, at the hour of 1: iQ 0 'CIOCk P. M. ,
consider t e sealed ~roposars submitted for furn1shing the
materials and perfor~ing the work hereinabove more particularly
described and set fo~th, and did thereupon find and determine
that the sealed propqsal submitted by BLAIR PAVING, INC.,
~552 K"'11og~n'l"1v~J [VO'l"h8 T\:nn8J CaJjf".
or the cons ruction. instai ation and comple~ion of said
Kate11a Avenue, Eucl~d Street and Broadway street improvement
p~oject in the City pf Anahe~, Account Nos. 1i-7Qi-6i2S-iOiO,
13-79?-63'5-?110 an~ 13-793-6325-3040
hereinabove mentioned and
described, was the ldwest 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 equipm~nt and all utilities and transportation,
including power, fue~ and water, and performing all work neces-
sary to construct And complete, in a good and workmanlike man-
ner, in strict accorqance 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 25th
day of May , 19~; and
WHEREAS, the said contractor has furnished all plant,
labor, services, mat~rials and equipment and all utilities and
transportation, and ~erformed all work necessary for the con-
struction and completiion, in a good and workmanlike manner, in
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strict accordance witp the specifications, plans and drawings
of said public improvternent as specified in the notice inviting
sealed proposals and 1n the detailed designs, plans, drawings
and specifications pr~pared by thp- P~hl~~ Wn~~R
Department. , an t e contract made and
entered into with saia contractor by the City of Anaheim; and
WHEREAS, th~ Director of Public w~rki
has duly certified to' the construction and comp et on of said
public improvement he~einabove mentioned and described, in
aC9Qrdance with the p~ans and specifications and the contract
documents duly made and entered into with said contractor; and
WHEREAS, tha City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in acpordance with the provisions of the con-
tract and the contrac~ documents, and that notice of completion
should he filed and ~yment of the balance due said contractor
authorized in accordance with the contract documents.
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NOW, THEREFpRE, BE IT RESOLVED by the City Council of
the City of Anaheim ~at 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 wprkmanlike manner, in strict accordance
with the specifications, plans and drawings therefor on file in
the Office of the Ci~ Clerk of the City of Anaheim, together
with the appurtenances thereto, said public improvement herein-
above more particular1y described and set forth, in the City of
Anaheim, by said con~actor, 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 aft~ the date of the filing of notice of com-
pletion, excepting only such sum or sums as may lawfully he
withheld in accordan~ 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 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 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, 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 3rd day of
October 19~ 8 .
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ATTEST:
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STATI. OF;'~Fop"IA )
comd!Ir of" OIAN. )
CITY OF ANAHEIM )
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I, LINDA D. ROBERTS, City GLerk of the City of Anaheim, do hereby certify that
the foregoing Resolution Nq. 78R-653 was introduced and adopted at a regular
meeting provided by law, o~the City Council of the City of Anaheim held on
the 3rd day of October, 1918, by the following vote of the members thereof:
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AYES: COUNCIL MEMBERS : Overholt, Itaywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that ltbe Mayor of the City of Anaheim signed said
Resolution No. 78R-653 on db~ 3rd day of October, 1978.
IN WITNESS WHEREOF, I have J;1ereunto set my hand and affixed the seal of the
City of Anaheim this 3rd d~ of October, 1978.
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CITY CL RK OF. THE CI OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the origi~l of Resolution No. 78R-653 duly passed and adopted
by the Anaheim City Council on October 3, 1978.
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- P- CI TY CLERK
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