83R-213
RESOLUTION NO. 83R-213
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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:
THE HARBOR BOULEVARD SEWER REPAIR, SOUTH OF
KATELLA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT
NO. 11-790-6325-E0480.
WHEREAS, the City Council of the City of Anaheim did
solicit and receive 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:
Harbor Boulevard Sewer Repair from Katella Avenue to 50'
s/o Katella Avenue~ consisting of 30 L.F. of 8" VCP, 38
L.F. of solid sheeting, 30 L.F. of P.C.C. encasement,
P.C.C. manhole, 8" pipe removal, 45 C.Y. concrete slurry
backfill and all other work as shown on the plans and
delineated in the specifications on file in the offices
of the City Engineer and City Clerk, Account No.
11-790-6325-E0480,
in accordance with the designs, plans, profiles and specifications
prepared by the Public Works Department, and the solicitation
inviting sealed proposals, which said solicitation specified that
sealed proposals as specified in said solicitation would be
received up un~il 2:00 o'clock P.M. on the 29th day of March,
1983, and which said solicitation 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
WHEREAS, on the 29th day of March, 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
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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 5th
day of April, 1983, at the hour of l: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 NICK DIDOVIC CONSTRUCTION CO., P. O. Box
4688, Anaheim, California 92803 for the construction, installation
and completion of said Harbor Boulevard sewer repair, south of
Katella Avenue, in the City of Anaheim, Account No. ll-790-6325-
E0480 hereinabove mentioned and described, was the lowest respon-
sible 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 perform-
ing 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 solicitation 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 6th day of April, 1983~ 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 construc-
tion 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 solicitation inviting
sealed proposals and in ~he de~ailed 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
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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
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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 perform-
ance of all work necessary to construct, install and complete in a
good and workmanlike manner, in strict accordance with the speci-
fications, plans and drawings therefor on file in the Office of
the City Clerk of the City of Anaheim, together with the appurten-
ances thereto, said public improvement hereinabove more particu-
larly described and set forth, in the City of Anaheim, by said
contractor, be, and the same are hereby, accepted subject, never-
theless, to all the terms, conditions and provisions of the con-
tract 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 accept-
ance 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 31st day of May, 1983.
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ATTEST:
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IT CLERK OF T E CITY OF
Ifm
1104M
5-24-83
ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-2l3 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on --....,
the 31st day of May, 1983, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: Nk>ne
ABSENT: COUNCIL MEMBERS: ~one
AND I FURTHER certify that dhe Mayor of the City of Anaheim signed said
Resolution No. 83R-2l3 on t~e 31st day of May, 1983.
IN WITNESS WHEREOF, I have ~ereunto set my hand and affixed the seal of the
City of Anaheim this 31st d~y of May, 1983.
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CI RK OF THE CI OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the origin4l of Resolution No. 83R-2l3 duly passed and
adopted by the Anaheim City 'Council on May 31, 1983.
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'\ CITY C ERK
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