84R-226
RESOLUTION NO. 84R-226
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:
OAK CANYON NATURE CENTER IMPROVEMENT, IN THE
CITY OF ANAHEIM, ACCOUNT NOS. 24-810-7103-
10110; 16-810-7103-10080; 16-810-7105-10080;
AND 16-810-7103-10180.
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 the 25th day of August and 1st day of
September, 1983, 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:
Oak Canyon Nature Center improvement, in the City of
Anaheim, consisting of the installation of additional
rock riprapping and drop structures at Oak Canyon Nature
Center Stream including demolition and removal as shown
on the plans and delineated in the specifications on file
in the office of the City Engineer, Account Nos. 24-810-
7103-10110; 16-810-7103-10080; 16-810-7105-10080; and
16-810-7103-10180,
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 propo-
sals as specified in said notice would be received up until 2:00
o'clock P.M. on the 8th day of September, 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 8th day of September, 198~, 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 con-
struct 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 27th
day of September, 1983, at the hour of 10:00 o'clock A.M., consi-
der 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 ATLAS WRECKING, INC., 114 Business
Center Drive, Corona, California 91720 for the construction,
installation and completion of said Oak Canyon Nature Center
Improvement, in the City of Anaheim, Account Nos. 24-810-7103-
10110, 16-810-7103-10080, 16-810-7105-10080 and 16-810-7103-10180
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 work-
manlike 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 31st day
of October, 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 notice inviting sealed pro-
posals and in the detailed designs, plans, drawings and specifica-
tions 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
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
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anah~~~984'
MA~OR OF THE CITY OF ANAHEIM
AT~~ ~JLSA_Z_
CITY CLERK OF THE CITY OF ANAHEIM
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6/13/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s .
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R-226 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 19th day of June, 1984, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOE S :
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R-226 on the 19th day of June, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of June, 1984.
L- 'lf~
C:ITY CLERK OF THE CITY OF ANAHEIM
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 84R-226 duly passed and
adopted by the Anaheim City Council on June 19, 1984.
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CITY CLERK
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