87-246RESOLUTION NO. 87R-246
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A
CERTAIN PUBLIC WORK. (ANAHEIM WETLANDS AND
SANTA ANA RIVER BICYCLE TRAIL)
WttEREAS, the City Council of the City of Anaheim did
cause to be published in the Anaheim Bulletin on the Publication
Dates set forth in Exhibit A, a notice which: invited sealed
proposals for the public work (Project) as described in Exhibit A
in accordance with the designs, plans, profiles and specifications
prepared by the Public Works Department; declared that said
proposals would be received up until 2:00 o'clock P.M. on the Bid
Opening Date set forth in Exhibit A; stated 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 ProJect; and stated
that the prevailing hourly wage scale so ascertained was on file
in the Office of the City Clerk; and
WHEREAS, on the Bid Opening Date at the hour of 2:00
o'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
equipment, and all utilities and transportation, including power,
fuel and water, and performing ali 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 Project
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 a meeting
held no later than thirty (30) days after t~e bids were opened; and
WHEREAS, the City Council of the City of Anaheim did
consider the sealed proposals submitted for furnishing 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 the Lowest and Best Responsible
Bidder set forth in Exhibit A for the construction, installation
and completion of said Project hereinabove mentioned and
described, was the lowest and best responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said contractor for furnishing ail 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, the
said Project 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; 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
construction and completion, in a good and workmanlike manner, in
strict accordance with the specifications, plans and drawings of
said Project as specified in the notice inviting sealed proposals
and in the detailed designs, plans, drawings and specifications
prepared by the Public Works Department, and the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the City Engineer has duly certified to the
construction and completion of said Project hereinabove mentioned
and described, in accordance with the plans and specifications and
the contract documents duly made and entered into with said
contractor; and
WHEREAS, the City Council finds that said contractor has
completed said Project hereinabove more particularly described in
accordance with the provisions of the contract 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
performance of all work necessary to construct, install 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, together with
the appurtenances thereto, said Project hereinabove 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 provisions 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 evidenced by the
adoption of this resolution, but not sooner than thirty (30) days
after the date of the filing of notice of completion, 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 officers, 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.
BE IT FURTHER RESOLVED that the Mayor be, and he is
hereby, authorized to execute completion of said work as required
by law.
-2-
ASST.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby', directed to cause said Notice of Completion to be recorded
in the Office of the County Recorder within ten (10) days of the
date of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 23rd day of June, 1987.
MAYOR OF THE CI*FY O~ANAHEIM
ATTEST:
C RK OF THE C~/ OF ANAHEIM
/jb
6275M
060987
-3-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 87R-246 was introduced and adopted
at a regular meeting provided by law, of the City Council of the City of
Anaheim held on the 23rd day of June, 1987, by the following vote of the
members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-246 on the 23rd day of June, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 23rd day of June, 1987.
ASSISTANT CITY CLERK CITY OF ANAHEIM
(SEAL)
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 87R-246 duly
passed and adopted by the Anaheim City Council on June 23, 1987.
ASSISTANT CITY CLERK E CITY OF ANAHEIM
EXIIIBIT A
PROJECT:
The work to be done for the Wetlands consists o£ grading, pond
outlets, equestrian fencin§, landscaping, irrigation and ail
appurtenant work as shown on the plans and delineated in the
specifications. The work to be done for the Santa Aha River
Trail involves grading, AC paving,, landscaping and all
appurtenant work as shown on the plans and delineated in the
speci£ications on file in the office o£ the City Engineer.
Account No. 01-933-7103
Account No. 17-798-6325-E8020
I_OWEST AND BEST RESPONSIBLE .BIDDER: CHALLENGE ENGINEERING, INCORPORATED
4761 Lincoln Avenue
Cypress, California 90630
PUBLICATION DATES:
June 12 and June 19, 1986
BID OPENING BATE:
July 3, 1986
PREVAILING WAGE RATE RESOLUTION NO: 86R-47
AWARD DATE:
July 15, 1986
AlgARD RESOLUTION NO:
CONTRACT PRICE:
CONTRACT COHPLETION DAYS:
LIQUIDATED DA}IAGES:
0068t
86R-333
FOUR HUNDRED THIRTY-NINE THOUSAND
ONE HUNDRED FIFTY-FOUR AND 60/100
DOLLARS
Eighty (80)
ONE HUNDRED DOLLARS ($100.00) per
day