1975-561RESOLUTION NO. 75R-561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
}. OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTILI-
TIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
EAS T ST �EhT AND SYCAI-40R : STAEET SIDEWALK IMPROVE-
j`•LE�17.' , IN THE C I �'Y OF hi.�Tl- �E I ��t, 'NO -IRK ORDER NOS .
761-A Z; 856.
WHEREAS, the City Council .of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on August 7 and 14
19 75 , a notice inviting sea e
proposals or furnishing the following:
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 Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Fast Street and Sycamore Street sidewalk improvement, East
Street from 2.241 S/o La Palma Avenue to Lastwood Street;
Sycamore Street from i6231 W/o State College Boulevard to
2361 E/o East Street, in the city of Anaheim, consisting
of clearing and grubbing, excavation, construction of
P.C.C. sidewalk and ;ter iveway, sprinkler system modifica-
tion, lawn reseeding p and appurtenant work in accordance
with the plans and spocif ications on file in the Office of
t :e city Engineer, Work Order Nos. 761-A and 856,
in accordance with the designs, plans, profiles and specifica-
tions prepared by the. Public Works Department ,
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice
would be received up until 2:00 o'clock P.M. of the 28th
day of August , 19', and which said notice did
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 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
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WHEREAS, on August 28 , 1.9 75 , at the hour
of 2:00 o'clock` P.M., the City C erk 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, servi-
ces, materials and equipment, and all utilities and transporta-
tion, 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 next - - -
regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next - - - regular -meeting, held on the 2nd day
of September 75 , at the hour of 1:30 o' PSM*,
consider the sealed proposals submitted for furnI ing the
materials and performing the work hereinabove more particularly
described and set forth, and did thereupon find and determine
that the sealed proposal submitted by MARKEL CEMENT CONTRACTING,
INC., Pe O. Box 1936, Costa Mesas California 92626
or t e construction, nst elation an completion of said
-
East Street and Sycamore Street sidewalk im rovement in the
City of Ahaheim, Work Order Nos. 761-A and 856,
hereinabove Mentioned an
descr bed, 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 4th
day of 'September , 19 75 ; and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials 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
strict accordance with the specifications, plans and drawings
of said public improvement as specified in the notice inviting
sealed proposals and in the detailed designs, plans, drawings
and specifications prepared by the Public Works
De artment , and the contract made an
entered into wit said contractor by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction and completion of said
public improvement hereinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into With said contractor; and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with the provisions of the con-
tract and the contract documents, and that notice of completion
should be filed and payment of the balance due said contractor
authorized in accordance with the contract- documents.
NOW , THEREFORE , 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 'onstruct, install and com-
plete 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, 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 sante 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-
dence 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 only such sum or sums as may lawfully be
withheld in accordance 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
operate and shall be a release to the City of Anaheim, its offi-
cers, agents and employees from all claims and liabilities due
the contractor for anything 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 amounts withheld by the City at the time
of such payment.
AND BE IT FURTHER RESOLVED that the Mayor and the
City Clerk of the City of Anaheim be, and they are hereby
authorized to execute and file a notice of completion of said
work as required by law.
THE FOREGOING RESOLUTION is approved and igned by me
this 28th day of October . 19 7 5 .
ATTEST:
L-C-)22.G�
TY CLERK OF THE Q9TY OF ANAHEIM
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`2ATI: OF CALIFOR3IA j
L"'?UNTi OF OPJUGE ) ss.
GIETY OF ANAHEJIM )
i, ALOilA '111. HoUQ,13.- 3, City Cler;c of t?ie City of Anatieirs, do
aereby certify that the foregoing Resolution No. 75R-561 was intro-
duced and adopted at a regular I:ieeting Provided by law, of the City
Cutincil of the City of Anaheim held on the 28th clay of October, 1975,
the fullo-iing vote of the taettbers thereof:
AYES: COUNCIL :Fr;' 1;�.i;S : Kaywood, Seymour, Pebley, Sneegas
and Thola
iiOES : COUJCL- ilia.[ "RS : None
ABS I iiT: C:C)UIXIL ? :list tZS : done
Air'J I 'zrUK .L0.?R CLRTIFY that the Mayor of the City of Anaheim
a;.'proved and signed said Resolution iJo. 75R-561 on the 23th day of
October, 1975.
I J InTITiVESS LJ;1;; '. 0F, I have hereunto set qty hand and affixed
tt.e seal of the City of Anaheim t;iis 23th day of October, 1975,
CITY CLE11k; OF TUE CITY OF ANAHEIM
(:>"AL)
I. AL014A Pt. HOUGARD, City Clerk of the City of Anahein, do
Liiereby certify that the foregoing is the oriZinal of Resolution No.
561 duly passed and adopted by the Anaheiri City Council on
i.')ctober 23, 1975.
City Clerk