83R-019
.,~--
RESOLUTION NO. 83R-19
A RESOLUTIqN OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FU~NISHING OF ALL PLANT, LABOR, SER-
VICES, MAT~RIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND ~RANSPORTATION INCLUDING POWER,
FUEL AND WAJTER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMP ROVEf-1ENT , TO WIT:
1982-83 ALL~Y IMPROVEMENT PROJECT, IN THE CI'rY
OF ANAHEIM, ACCOUNT NOS. 24-793-6325-E3600 AND
Ol-793-6325~E3600.
WHEREAS, t~e City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation
printed, published a~d circulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the 2nd and 9th days of September
_ . , 19 82, a notice inviting sealed
proposals for furnisHing the following:
All plant, labor, services, materials and equipment,
and all utiliti~s and transportation, includin~ power,
fuel and water, and performing all work necessary to '
construct and cqmplete in a ~ood and workmanlike man-
ner, in strict accordance with the specifications,
plans and drawi~~s therefor on file in the Office of
the City Enginear or City Clerk of the City of Anaheim,
the fOllowing p~blic improvement, to wit:
1982-83 Alley I~provement Project, in the City of
Anaheim, consisting of clearing and grubbing, excavation,
construction of 4" and 6" P.C.C. pavement, A.C. pavement,
P.C.C. curbing, relocation and reconstruction of fences,
construction ofa sewer manhole, installation of manhole
frame and cover and appurtenant work in accordance with
the plans and specifications on file in the office of
the City Engine~r, Account Nos. 24-793-6325-E3600 and
Ol-793-6325-E3600,
.~
in accordance with t~e designs, plans, profiles and specifica-
tions prepared by ~the Public Works Deoartment
and the notice invitjjng sealed proposals, which said notice
ATT-40
-1-
~---".'-"-'-,"""
"specified that s~a1ed proposals as specified in said notice would
be received up ~nti1 .2:00 o'clo'ck P.M. of the 23rd' day of
September , 1982 , and which said notice did state and
declare that, pursu~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 h6urly wage
scale so ascertained was on file in the Office of the City Clerk;
and
\tTHEREAS, 011 the : 23rd day of Seotember, 19 82 , at
the hour of 2:00 o'c~ock P.M., the City Clerk and the City Enp;ineer
of the City of Anahe~m 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 .nd water, and performing all work necessary to
construct and comple~e, in a good and workmanlike manner, in strict
accordance with the ~pecifications, 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 Hallj
Anaheim, California, and the City Engineer did tabulate the result
of said sealed propos.ls and did make a report to the City Council
at its sec~nd subsequent regular or adjourned re~ular meeting;
~d ' .
WHEREAS, th~ City Council of the City of Anaheim did, at
its second subsequent regular or adjourned regular meeting, held
on the 5th day of . October , 1982 , at the hour of 1: 30
o'clock P.M., consider the sealed proposals submitted for furnish-
in~ the materials and performin~ the work hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the sealed propo$al submitted by JOSIP KOVAC. 9272 Cloudhaven
Drive, Huntington Be~ch, California 92646 .
for the construction,. installation and completion of said
1982-83 Alle Im rov ent Pro ect in the Cit of Anaheim Account
Nos. 24-] -E an
hereinabove mentioned and
described, was the lowest responsible proposal submitted therefor,
and thereupon accepted said bid and did award a contract to said'
contractor ~or ~urnishin~ all plant, labor, services, materials and
equipment and all utilities and transportation, including power,
fuel and water, and per~orming 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 l4th day of October , 19 82 ; and
WHEREAS, the said contractor has furnished all plant,
labor, services, matetials 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
-2-
__,,,,__,-__,,__~o,~, .-.-..~..=" ._
."""-........--
-
,./
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, th~ 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 accordan~e with the provisions of the contract and
the contract document$, and that notice of completion should be
filed and payment of the balance due said contractor authorized
in accordance with the contract documents.
NOW, THEREF~RE, BE IT RESOLVED by the City Council of
the City of Anaheim tfuat all plant, labor, services, materials
and equipment and all utilities and transportation, and the per-
formance of all work mecessary to construct, install and complete
in a good and workmanlike manner, in strict accordance with the
specifications, plans and drawin~s therefor on file in the Office
of the City Clerk of the City of Anaheim, together with the appur-
tenances thereto, sai~ 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 t~rms, 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 sQoner 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.
. -3-
-"","~'--."".....--.-.__..
THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 18th day of
January 19 i83
, ~.
MAYo&b~~
ATTEST: LINDA D. ROBERTS, CITY CLERK
ASST.
~~1r~
~TY CLERK OF THE CiTY OF ANAHEIM
l-ll-83
~",......'''...
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. 83R-19 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of January, 1983, by the following vote of the members thereof:
-
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 83R-19 on the 18th day of January, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of January, 1983.
LINDA D. ROBERTS, CITY CLERK
BY ~~_ ~,~
. ASSISTANT CITY CLERK
( SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 83R-19 duly passed and adopted
by the Anaheim City Council on January 18, 1983.
LINDA D. ROBERTS, CITY CLERK
BY~?L- r/LS:~
ASSISTANT CITY CLERK
-