1981-310RESOLUTION NU. 81R-310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE CpMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUnING POWER,
FUEL AND WATER, At1D THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
PELANCONI PARK STREAMBED IMPROVEMENTS, IN
THE CITY OF ANAHEIM, ACCOUNT N0. 16-809-7103.
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 the 31st day of December, 1980 and the
8th da of_ Januar , 19 81, a notice inviting sealed
proposals or 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 man-
ner, 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:
Pelanconi Park streambed improvements, in the City of
Anaheim, consisting of clearing and grubbing of the con-
struction area, providing miscellaneous tree protection,
construction of storm drain improvements with concrete -
drop structures, providing and placing riprap. All work
shall be done in accordance with the plans and delineated
in the specifications for this project on file in the
office of the City Engineer, Account No. 16-809-7103
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
Arr-ao -1-
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 15th day of
Januar •, 19 81, and which said notice 1d state and
ec are t~iat, 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 exe-
cute said contract, and did state that the prevailing hourly wage
scale so ascertained was on file in the Office of the City Clerks
and
S~IHEREAS, on the 15th day of January , 19 81 , 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, in-
cluding 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 second subsequent regular or adjourned regular meeting;
and __ •
WHEREAS, the City Council •of the City of Anaheim did, at
its second subsequent regular or adjourned regular meeting, held
on the ~ day Of January , 198.1 , at the hour of 1:30
o'clock P.M., consider the sealed proposals submitted for furnish-
ing the materials and performing the work hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the sealed proposal submitted by J.w.MITCxELL CO.,INC., 16221
Construction Circle West, Irvine, California 92714
for the construction, installation and completion of said
Pelanconi Park Streambed Improvements, in the City of Anaheim,.
Account No. 1 -809-7103 •
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 im-
provement 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 24th day of February , 19 81; 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
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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 speci-
fications prepared by the Public Works Department, and the con-
tract 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 im-
provement 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.
NO?~1, 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 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 appur-
tenances thereto, said public improvement hereinabove more parti-
cularly 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 con-
tractor 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 30th day of
~Zttine 19 S_L ,
ATTEST:
~.
~fm
``.
STAVE OF CALTFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D~. ROBEF:T5, City Clerk. of the City of Anaheim, do hereby certify that
the foregoing F_esolut~ion No. 81R-310 was introduced and adogteC at s regular
meeting Provided by lay:, of the: City Council of the City cf Anaheim veld on
the 30th day of .une, 1981, by the following vote of the nembers thereof
AYES: COUNCIL N_ENIBERS: Overr.olt, Kaywood, Bay, Roth and Seymour
NOES : COUr~CII MEMBERS : None
ABSENT: COUNCIL NEM£~ER~: None
AND I FURTHER CERTIFY that the: Mayor cf the City of AnahE:im ~~igr_ed said
Resolution No. 81R-310 on the 30th day of June, 19E1.
IN WITNESS kHEREOI~, I have hereunto set my hand and affixes'. the: seal of the
City of Anaheim this 30th day of June, 1981.
CITY CL Rk- OF TIiF. CITY 0 NAhEIM
~_S F.?~
I, LINDA D. ROBERT'S, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original cf Resolution t?o. 81R-310 du~.y passEd ar:d adopted
ry the Anaheim City Council on June 30, 1981.
CITY CLERK