78-549
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RESOLUTION NO. 78R-5~9
A RESOLUTIOII OF THE CITY COlJi~CIL OF TilE CITY
OF ANAnEn~ F I NALLY ACCEPTING TIIE'~m1PLETION
AND THE Flmt:TSHING OF ALL PLANT 1.ABOR, SER-
VICES, r-1ATE~lALS AND EQUIPMENT ,\Y) ^LL UTILI-
TIES AND TRj\NSPORTATION INCLUD I l,i(, I'OWER, FUEL
AND WATER, f\ND THE PERFORHANCE (W ALL WORK
NECESSARY Tb r.ONSTRUCT AND COMPU"Tf. THE FOLLOW-
ING PUBLIC iUjPFHWEMENT, TO WIT:
LAKEVIEW A~. UE SEWER IMPROVEMENT 236 FEET NORTH
OF LA PAL~ AVENUE TO LA PALMA AVENUE, IN THE
CITY OF AN ,ElM, ACCOUNT NO. 11-790-6325-0010.
WHEREAS, th~ City Council of the City ()f Anancir:1 diu
cause to be pub li shtd in a newspaper of genera 1 circula t ic.n .
printed, pub!ished ~nd circulated in the City of Anaheim, to
wit: The Ana~1eim Bl1lletin, on _ the 4th ancl11th.days of May,
,1978 ,a notice inviting sealed
~.roposals Tor- furni~hIng-the following:
All plant, labor, services, materials and equipment, and
all utilities a~d 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 nn fil, in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Lakeview Avenue, sewer improvement, 236 feet north of La
Palma Avenue to! La Palma Avenue, in the City of Anaheim,
consisting of ~e construction of a 10" V.C.P. sewer ex-
tension inc1udi~g lateral, c1eanout and all other work
as shown on the plans and delineated in the specifica-
tions on file ih the Office of the City Engineer,
Account No. 11-790-6325-0010,
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in accordance with the designs, plans, profiles and specifica-
tions prepared by . the Public Works Department
and the notice invItlng sealed proposals, whTch- 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 ~s.tIL_
day of May , 19~, and which said notice-aid
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 wRges 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 Mav 1~ ' 1978 ,at the hour
of 0' clock P. M'., the City Clerk and the City Engineer
of the City of Anaheim did open said sealed proposals received
up to that time for the furnishing of all plant, labor, services,
materials and equipm~nt, 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, 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 next - - - regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next - - _ regular meeting, held on the ~Ofh day
of Mav ,'1978 ,at the hour of1:30 0 cock P.M.,
consider the sealed wroposals submitted for furnishing the
materials and perfor~ing the work hereinabove more particularly
described and set fotth, and did thereupon find and determine
that the sealed proposal submitted by FLEMING ENGINEERING, INC~
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or the construction, installation
L.kiP-viAW AVAnUA sAw..r i:rnprovAm.nr.
A."iRnniR ~n T.a Pa 1 m.a ~ViRnniR, ; 1"11 ~hiR
1]-790-63',;-onl0
and comple~ion 0 said
236 feeT. nnrr.h nT T.a Pa 1ma
City ()T A.nah,.;m, At"!(;!on"t NO.
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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 neces-
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~rials and equipment and all utilities and
transportation, and Herformed all work necessary for the con-
struction and completion, in a good and workmanlike manner, in
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strict accordance wi~ 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 p~epared by the Public Works DeDarj~n~
, and the contract ma e and
entered into with sajd contractor by the City of Anaheim; and
WHEREAS, tl)e Dir,ctor of Pub~ic WOtks
has duly certified to the construction an comp etion of said
public improvement h~reinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made ~nd entered into with said contractor; and
WHEREAS, tl)e City Council finds that said contractor
has completed said p~b1ic 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 he filed and payment of the balance due said contractor
authorized in accordance with the contract documents.
NOW, THERE~ORE, BE IT RESOLVED by the City Council of
the City of Anaheim ~hat all plant, labor, services, materials
and equipment and a1t utilities and transportation, and the per-
formance of all work necessary to construct, install and com-
plete in a good and workmanlike manner, in strict accordance
with the specificati~ns, plans and drawings therefor on file in
the Office of the Ci.y Clerk of the City of Anaheim, together
with the appurtenanc~s thereto, said public improvement herein-
above more particu1a~ly 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 contrac. documents, and that the balance due said
contractor for said ~ork be paid to said contractor thirty-five
. (35) days from and atter final acceptance of said work as evi-
denced by the adoptiQn of this resolution, but not sooner than
thirty (30) days after the date of the filing of notice of com-
pletion, excepting only 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 accordance 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 th$ 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, authorize4 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
by the City Counci~ of the City of Anaheim this 22nd day of
lmg11~t ' 197 -S.-...
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ATTEST:
~{t.~'F WHElM
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STATE OF g,{,IFOQIA ) 88..11
COUl~OFOiM81') .
CITY OF ANAHEIM )
I, LINI.>A D. ROBERTS, City C1~' Irk of the City of Anaheim, do hereby cert!f:y that
the foregoing Resolution No. 78R-549 was introduced and adopted at a r.egu1ar
meetina provided by law, of he City Council of the City of Anaheim held on
the 22nd day of August, 1978 by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: cterholt, ~ood, Kott, Roth a~d Seymour'
NOES: COUNCIL MEMBERS: N~ne
ABSENT: COUNCIL MEMBERS: N~ne
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AND I FURTHER CERTIFY that t~e Mayor of the City of Anaheim signed said
Resolution No. 78R-549 on thf 22nd day of August, 1978.
IN WItlESS WHEREOF, I have h~reunto set my hand and affixed the seal of the
City of Anaheim this 22nd dar of August, 1978.
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(SEAL)
I, LINDA D. ROBERTS, City c1t'rk of the City of Anaheim, do hereby certify that
the foregoing is the origina of Resolution No. 78R-549 duly passed and adopted
by the Anaheim City Council ,n August 22, 1978.
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, CITY CLERK
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