78-652
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RlESOLUTION NO. 78R-652
A RESOLUTIOn ,OF THE CITY COlJHCIL OF TilE CITY
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OF ANAl1EU1 F IINALLY ACCEPTING THE r.m1PLETION
AND THE Fl!Rt;I~SHING OF ALL PLANT LABOR, SER-
VICES, HATEkI 1.S AND EQUIPMENT fun ^LL UTILI-
TIES AND TRAl'SPORTATION INCLUDIi-1(; POWER, FUEL
AND WATER, Ai THE PERFOIU1ANCE 01" ALL WORK
NECESSARY TO r.Ol~STRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC n1PfWVEMENT. TO WIT:
EUCLID STREE1' STREET IMPROVEMENT, N/O LINCOLN
AVENUE, IN T E CITY OF ANAHEIM, ACCOUNT NO.
-12-792-6325-,060.
WHEREAS, the fity' Council of the City of Anahcir:l did
cause to be publishedl in a newspaper of genera 1 circulat Le.n,
printed, publi~hed an' circulated in the City of Anaheim, to
wit: The Anaheim Bul~etin, on the 2nd and 9th days of
Feb):"u~:a~ i ____, 19 78 , a notice inviting sealed
~'roposals {or furnisnJng the follOwing:
All plant, labor, :sprvices, materials and equipment, and
all utilities anditransportation, including power, fuel
and water, and petforming all work necessary to construct
and complete in algood and workmanlike manner, in strict
accordance with t~e 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:
Euclid Street str~et improvement, E/s 300' N/o Lincoln
Avenue to Lincoln !Avenue, in the City of Anaheim, con-
sisting of clearirlg and grubbing; excavation; construc-
tion of P.C.C. cr~ss gutter, apron, curb, gutter, side-
walk, access ramp~, collar and headwall; construction
of undersidewalk a.C.B.i construction of R.C.P. storm
drain; constructidn of asphalt concrete: traffic signal
modifications; an4 all appurtenant work as shown on the
plans and delinea~ed in the specifications on file in
the Office of the iCity Engineer, Account No.
12-792-6325-2060, .
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in accordance with th~ designs, plans, profiles and specifica-
tions prepared by ~~ Pqbl1~ WQr~~ Df:Q~tJJ~n.t_ ___,
and the notice inviti g seale proposa s, 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 23rd
day of ----Febtuary. ,19~, and which said notice did
state and aec are thbt, pursuant to the provisions of Section
1770 of the Labor Co~e, the City Council of the City of Anaheim
had ascertained the prevailing rate of wages for each type of
labor needed to exec~te said contract, and did state that the
prevailing hourly wa~e scale so ascertained was on file in the
Office of the City Cllerk; and
WHEREAS, on . February 23 , 19 78 , at the . hour
of 2: 00 0 I clock P '1" the City Clerk and thecrty Engineer
of the City of Anahe'm 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, fue and water, and performing 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, An~heim, California, and the' City Engineer did
tabulate the result bf said sea16d ~o~osalp and did make a report
to the City Council at its ~ s s quen~egular meeting; and
WHER~S the~Cit3 Council of the City of Anaheim did,
at its diiin S'ubse1uelp~gular meeting, held on the 7th day
of Mar1r ,19~, at the hour of l:~O o'ClOCk P.M.,
consider t e sealed propOBars submitted for furn~shing the
materials and perfo~ing the work hereinabove more particularly
described and set fo~th, and did thereupon find and determine
that the sealed propbsal submitted by BOWERS TRACTOR SERVICE,
o 0 fice B'x 1 6 Garden Grove California 92642
or t e construction, insta ation an comp etion 0 sai
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hereinabove mentioned and
described; was the lpwest responsible proposal submitted there-
for, and thereupon a~cepted said bid and did award a contract
to said contractor fpr 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 anp complete, in a good and workmanlike man-
ner, in strict accoroance 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 14th
day of March , 19 78 ; and
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WHEREAS, the, said contractor has furnished all plant,
labor, services, matbrials and equipment and all utilities and
transportation, and ~erformed all work necessary for the con-
struction and comple~ion, 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 tin 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, the. Director of Public Works
has duly certified tci 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
WlIEREAS, the ;City Council finds that said contractor
has completed said p~blic improvement hereinabove more particu-
larly described in aqcordance with the provisions of the con-
tract and the contraqt 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.
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NOW, THEREFO~, BE IT RESOLVED by the ~ity 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 Inecessary to construct, install and com-
plete in a good and ~rkmanlike manner, in strict accordance
with the specificatidns, plans and drawings therefor on file in
the Office of the Ci~ Clerk of the City of Anaheim, together
with the appurtenancds thereto, said public improvement herein-
above more particula~ly described and set forth, in the City of
Anaheim, by said cont~actor, be, and the same are hereby accepte.d,
subject, neverthelessl, to all the terms, conditions and provi-
sions of the contrac~ documents, and that the balance due said
contractor for said wprk be paid to said contractor thirty-five
(35) days from and aflter final acceptance of said work as evi-
dence by the adoptio~ of this resolution, but not sooner than
thirty (30) days aft~ the date of the filing of notice of com-
pletion, excepting o~ly such sum or sums as may lawfully be
withheld in accordanc~ with the provisions of said contract
and contract document~. That acceptance by the contractor of
said payments made i~ accordance with said final estimate shall
operate and shall be a release to the City of Anaheim, its offi-
cers, agents and emplpyees from all claims and liabilities due
the contractor for atWthing 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, excepting only claims
against the City for ~ounts withheld by the City at the time
of such payment.
AND BE IT FURtHER RESOLVED that the Mayor and the
City Clerk of the Citt of Anaheim be, and they are hereby
authorized to execute! and file a notice of completion of said
work as required by l~w.
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THE FORE~ING RESOLUTION is approved and adopted
by the City Council) of the City of Anaheim this 3rd day of
October ,l~7~.
ATTEST:
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STATE .pr-..-oqlA )
COUlTl:. OFOItMfGI:' ) ss .
CITY 01' AKAHEIM )
I, LINDA D. ROBEI.TS, Ci ty Cl
the foregoing Resolution No.
meetina provided by law, of
the 3rd day of October, 1978
AYES:
COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
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rk of the City of Anaheim, do hereby certify that
78R~652 was introduced and adopted at a regular
e City Council of the City of Anaheim held on
by the following vote of the members thereof:
Kaywood, Kott, Roth and Seymour
AND I FURTHER CEa.TIFY that t e Mayor of the City of Anaheim signed said
Resolution No. 78R-652 on th 3rd day of October, 1978.
IN WIDESS WHEREOF, I have h reunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of October, 1978.
(SEAL)
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CITY CL RK OF THE CITY F ANAHEIM
I, LINDA D. ROBERTS, City C1 ~k of the City of Anaheim, do hereby certify that
the foregoing is the origina of Resolution No. 78R-652 duly passed and adopted
by the Anaheim City Council n October 3, 1978.
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CITY ctERK
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