88-077R~SOLUTION NO. 88R-77
A RESOLUTION OF THE Ci'IY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A
CERTAIN PUBLIC WORK. (WAGNER - SUNKIST STORM
DRAIN IMPROVEMEN~ Account Nos.
43-791-6325-E1580, 51-484-6993-00710,
52-606-6329-08011,
17-792-6325-E2440,51-479-6993-00589,
15-793-6525-E3210)
WHEREAS, the City Council of the City of Anaheim did
cause to be published in tile Anaheim Bulletin on the Publication
Dates set forth in Exhibit A, a notice which: invited sealed
proposals for the public work (Project) as described in Exhibit A
in accordance with the designs, plans, profiles and specifications
prepared by the Public Works Department; declared that said
proposals would be received up until 2:00 o'clock P.M. on the Bid
Opening Date set forth in Exhibit A; stated that, pursuant to the
provisions of Section 1770 of the Labor Code, the City Council of
the City of AnaDeim had ascertained the prevailing rate of wages
for each type of labor needed to execute said Project; and stated
that the prevailing hourly wage scale so ascertained was on file
in the Office of the City Clerk; and
WHEREAS, on the Bid Opening Date 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, tile Project
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 tile City of Anaheim did
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 tile Lowest and Best Responsible
Bidder set forth in Exhibit A for the construction, installation
and completion of said Project hereinabove mentioned and
described, was the lowest and best 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, itl
strict accordance with the specifications, plans and drawings, the
said Project 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; 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
construction and completion, in a good and workmanlike manner,
strict accordance with the specifications, plans and drawings of
said Project as specified in the notice inviting sealed proposals
and in the detailed 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
WHEREAS, the City Engineer has duly certified to the
construction and completion of said Project 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 Project 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
performance 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 appurtenances thereto, said Project hereinabove more
particularly described and set forth, in tile City of Anaheim, by
said contractor, be, and the same are hereby, accepted subject,
nevertheless, 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 tile City for amounts withheld by the
City at the time of such payment.
BE IT FURTHER RESOLVED that the Mayor be, and he is
hereby, authorized to execute completion of said work as required
by law.
BE IT FURTItER RESOLVED that the City Clerk be, and she is
hereby, directed to cause said Notice of Completion to be recorded
in the Office of the County Recorder within ten (10) days of the
date of this Resolution.
City
1988.
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 16th day of February,
MAYOR OF TH~~NAHEIM
ATIEST:
CITY CLERK OF THE CITY OF ANAHEIM
/gd
6751M
020988
CLERX
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
[, LnONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-77 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 16th day of February, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
~qD 1 FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-77 on the 17th day of February, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 17th day of February, 1988.
CITY CLERK OF T~E 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. 88R-77 duly passed and adopted
by the Anaheim City Council on February 16, 1988.
EXHIBIT A
PROJECT:
Wagner - Sunkist Storm Drain Improvement in the City of Anaheim
consisting of the construction of 18" to 66" R.C.P.; catch basins,
manholes and junction structures; 8" V.C.P.; sheeting, shoring and
bracing; curb, gutter and sidewalk; asphalt concrete and base
material; tree root barriers; traffic striping, legends and
markers; 8" D.I.P. and gate valves; and all appurtenant work as
shown on the plans and delineated in the specifications on file in
the office of the City Engineer.
Account Nos. 43-791-6325-E1580, 17-792-6325-E2440,
51-484-6993-00710 and 52-606-6529-08011.
LOWEST AND BEST RESPONSIBLE BIDDER:
JOHN T. MALLOY & JOHN T. MALLOY,
INC., A JOINT VENTURE
606 North Larchmont Boulevard
Los Angeles, California
90004-1358
PUBLICATION DATES:
BID OPENING DATE:
April 30, 1987 & May 5, 1987
May 21, 1987
PREVAILING WAGE RATE RESOLUTION NO: 87R-16
AWARD DATE: June 2, 1987
AWARD RESOLUTION NO:
87R-214
CONTRACT PRICE:
SEVEN HUNDRED FORTY THOUSAND
FIVE HUNDRED SEVENTY-FOUR
AND 55/100 DOLLARS ($740,574.55
CONTRACT COMPLETION DAYS:
LIQUIDATED DAMAGES:
Seventy (70)
61S1M
THREE HUNDRED SEVENTY DOLLARS
($370.00) per day