83R-378
RESOLUTION NO. 83R-378
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND
THE FURNISHING OF ALL PLANT, LABOR, SERVICES,
MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER,
AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT, TO WIT:
SITE CLEARANCE, GRADING, ALLEY AND STREET
IMPROVEMENTS EAST OF HARBOR BOULEVARD BETWEEN
CYPRESS STREET AND CHARTRES STREET, IN THE CITY
OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3690.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
published and circulated in the City of Anaheim, to wit: The
Anaheim Bulletin, on April 14 and April 21, 1983, a notice
inviting sealed proposals for 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:
Site clearance, grading, alley and street improvements
east of Harbor Boulevard between Cypress Street and
Chartres Street, in the City of Anaheim, consisting of
clearing and grubbing; excavation; A.C. and P.C.C.
removals; construction of A.C. and P.C.C. pavement,
P.C.C. curb and gutter and sidewalk; sewer manhole and 4"
V.C.P. sewer; the installation of underground electrical
system and telephone duct system; and appurtenant work
complete and in place in accordance with the plans and
specifications on file in the office of the City
Engineer, Account No. 46-793-6325-E3690,
in accordance with the designs, plans, profiles and specifications
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. on the 5th day of May, 1983, 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 the 5th day of May, 1983, 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 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 a
meeting held no later than thirty (30) days after the bids were
opened; and
WHEREAS, the City Council of the City of Anaheim did, at
a subsequent regular or adjourned regular meeting, held on the
17th day of May, 1983, at the hour of 1:30 o'clock P.M., 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 JOSIP KOVAC CONSTRUCTION, 9272 CLOUDHAVEN
DRIVE, HUNTINGTON BEACH, CA 92646 for the construction,
installation and completion of said site clearance, grading, alley
and street improvements east of Harbor Boulevard between Cypress
Street and Chartres Street, in the City of Anaheim, Account No.
46-793-6325-E3690 hereinabove mentioned and described, was the
lowest responsible proposal submitted therefor, 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 necessary to construct and complete, in a
good and workmanlike manner, 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 22nd day of June, 19B3; and
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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 public improvement 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 Public Works Executive Director 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
WHEREAS, the City Council finds that said contractor has
completed said public improvement 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 public improvement 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.
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 27th day of September,
1983.
M~H~
ATTEST:
~~~F ANAHEIM
fin
0136V
9-19-83
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim) do hereby certify that
the foregoing Resolution No. 83R-378 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of September) 1983) by the following vote of the members thereof:
---.,
AYES: COUNCIL MEMBERS: Kaywood) Pickler) Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: Kane
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-378 on tbe 27th day of September) 1983.
IN WITNESS WHEREOF) I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of September) 1983.
~ kJ,t)t~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I) LINDA D. ROBERTS, City Cterk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 83R-378 duly passed and
adopted by the Anaheim City Council on September 27, 1983.
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vJ.i )
~ CITY CLERK
--..,
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of September,
1983.
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ATTEST:
~~~F ANAHEIM
fin
0136V
9-l9-83
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