1979-486RESOLUTION NO. 79R -486
A RESOLUTIOi1 +')F THE CITY COUNCIL 0U THE CITY
OF ANAIIEI^ FINALLY ACCEPTING THE ':hIIPLETION
ANI) THE FUR'JSi -'ING OF ALL PLANT ?,A!3OR, SER-
VICES, MATEKiALS AND EQUIPMENT JD ALL UTILI-
TIES AND TRANSPORTATION INCLUDI I'0WErl, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLL'TE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
LA PALMA AVENUE TUSTIN AVENUE STORM DRAIN
IMPROVEMENT, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 46 -791- 6325 -1010.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulatic
printed, pubi. shed and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on the 8th, 15th and 22nd days of
June 19 78, a notice inviting sealed
,roposalsTor furnishing the following:
All plant, labor, services, materials and equipment, and
all utilities and '-ransportation, 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:
La Palma Avenue Tustin Avenue storm drain improvement;
La Palma Avenue Carbon Creek Diversion Channel to
Tustin Avenue; Tustin Avenue La Palma Avenue to Jefferson
Street; Jefferson Street Tustin Avenue to Miraloma
Avenue, in the City of Anaheim, consisting of the construc-
tion of approximately 8660 L.F. of main line storm drain
construction consisting of R.C.P.; R.C.B.; P.C.C. manholes;
junction structures; transition structures; V.C.P.
manholes; P.C.C. curb and gutter, sidewalk, driveways,
access ramps; traffic signal relocation and loop replace-
ment, and appurtenant work as shown on the plans and
delineated in the specifications on file in the Office of
the City Engineer, Account No. 46 -791- 6325 -1010.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department
and the notice inviting sealed proposals, which said notice
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specified that sealed proposals as specified in said notice
would be received up until 2.00 o'clock P.M. of the 29th_
day of June 19 78 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
WHEREAS, on June 29 19 78 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 its Rk k /subsequent regular meeting; and
second
WIggm, the City Council of the City of Anaheim did,
at its R. /subsequent regular meeting, held on the 11th day
of July 1978 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 BEBEK COMPANY 16706 Con-
struction Way East, Irvine, California 92714
for the construction, installation and completion of said La Palma
Avenue Tustin Avenue Storm Drain Improvement, in the City of
Anaheim, Account No. 46- 791 6325 -1010
hereinabove mentioned and
described, 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 1Rth
day of July 19 78 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 good and workmanlike manner, in
ATT -40
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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 Ig ne art Anr
and the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the nirPptnr of P1011 in Works
has duly certified to the construction and complet 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 particu-
larly described in accordance with the provisions of the con-
tract and the contract documents, and that notice of completion
should he 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 construct, 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 evi-
denced 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 he
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 oper-
ate 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 any-
thing 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 21st day of
August 197 9
ATTEST:
/jh
Y LERK 4 HE ITY OF ANAHEIM
(SEAL)
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 79R -486 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 21st day of August, 1979, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 79R -486 on the 21st day of August, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 21st day of August, 1979.
CITY CL
RK OF THE CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 79R -486 duly passed and adopted
by the Anaheim City Council on August 21, 1979.
CITY CLERK