1976-237RESOLUTION NO. 76R-237
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, A14D THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
TRACT NO. 7569 OFFSITE SEWER ACCESS ROAD RE-
CONSTRUCTION, IN THE CITY OF Al .AHEIM, WORK
ORDER NO. 1261.
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 5th and 12th days of
February, 19 , a notice inviting sealed
proposals for furnishing the foll®wing:
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:
Tract No. 7569 offsite sewer access road reconstruction,
in the City of Anaheim, consisting of the realignment of
the vertical profile of an existing earth roadway, rais-
ing one manhole to grade, installation of P.C.C. and 13"
C.I.P. drainage facilities, and all appurtenant work in
accordance with the dans and specifications on file in
the Office of the City Engineer, work Order No. 1261,
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Workd Deoartinent
and the notice inviting seale3 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 26tI"
day of Februan,7 , 19 76 , and which said noticeftl
state and declare at, pursuant to the provisions of Section
1770 of the Labor Code, the City Coundil 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
-1-
f
WHEREAS, on February 26 , 19 76 , at the hour
of 2:00 o`clock P.M., the City Clerk and tie 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 Miall, 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 Marchi ,�76 , at the hour of 1:30 o `c oc P-M-Jp
consider the sealed proposals submitted for-urnsshing 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 O. W. CONTRICTING
COPIPANY, 1504 Caribbean Way, Laguna Eea
or t e construction, insta lit ori an completion of sai-cT-�`
Tract No. 7569 offsite -sewer access road. recongtruc' 'on i�
the City of Anaheim. Work Order IIo. 1261
Hereinabove mentioned =.
eco scribed, 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 :arch , 19 76 ; 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 goad 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 'forks Department
, an the contract made an
entere into -with said contractor by the City.of Anaheim; and
WHEREAS, the Director of Public: Works
has duly certified to t e construction an comp etzon o sald
public improvement hereinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into *ith 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 constructf 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 same 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
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.
I 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 sighed by
this 4th day of
ATTEST:
CITY _CLERK OF THE CITY OF ANAHEIM
'
STATI]. OF CALIFORI�IA
COUNTY OF 0P-A2-Iw'GL ss.
("ITY OF ANAHEIN
I, PJ.O'LZA 111. HOUGARD, City Clerk of the City of Anaheim., do
hereby certify that the foregoing Resolution 11'o. 7611-237 was Intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 4th day of U. -y, 1976,
by the following vote of the me -tubers thereof:
AYES: COU' --,CIL 1TUABERS: Kaywood, Sey-mour, Kott' loth
and Thom
I OES : C0UIjCT ',r
7,,00: "lone
IL "2
ABSENT : COU-NCIL 5-M1,1BERS : 17one
LM I FILM."LI.Fr CERTIFY that the !,,.avor of the City of I'MaIlle1z.
approved and signed said Pesolution 76R-237 on the 4th day of 711ray,
.1X76.
IN TENREOF, I Ifiave hereunto set my hand, and affi,.,:ed
the seal of the City of Anahei-m this 4th day of 711ay, 1976.
CITY "Ljl,,,
C r1j, 'OF _711-11E CITY OF
I, 1EMIrA il. 111OUG'AUID, City 'Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution 'No.
76R-237 duly passed and adopted by the Anaheim City Council on
May 4, 1976.
City Clerk,