80R-141
RESOLUTION NO. 80R-141
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 UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
MIRALOMA AVENUE STORM DRAIN IMPROVEMENT _
TUSTIN AVENUE TO 1583' E/O KRAEMER
BOULEVARD, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 46-791-6325-1050.
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 ~th and 12th days of July,
, 19~, a notice inviting sealed
proposals for 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:
Miraloma Avenue Storm Drain Improvement _
Tustin Avenue to 1583' E/o Kraemer Boulevard, in
the City of Anaheim, consisting of a storm drain
system of approximately 4130 L.F. of 81" through
18" mainline R.C.P. storm drain including R.C.P.
laterals, P.C.C. structures, catch basins, A.C.
pavement removal and resurfacing and all appurten-
ant work in accordance with the project plans and
specifications on file in the Office of the City
E~gineer, Account No. 46-791-6325-1050.
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 scaled proposals as spcci I jed in said notice
would be received up until 2:00 o'clock ;J,t1. of the 26th
day of July , 19 /9 . and which said noticedid .
state and declare ~at, pursuant to the )Jrnvisions of Section
1770 of the Labor ~ode, the City Council of the City of Anahci~,
had ascertained the prevailing rate of w~r,cs 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 ~lerk; 3nd
WHEREAS, on July 26 , 19 79 , 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 scaled proposals received
up to that time for the furnishing of all plant, labor, services,
materials and equipment, and all utilities and transportation,
including pm.Jer, fuel and water, and performing all work nec('ssarv
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 sea~d groposals and did make a report
to the City Council at its~~ sUDse~~~~~egular meeting; and
secondj WHEREAS, the City Council of the City of Anaheim did,
at ~ts lXaOEtsubsequent regular meeting, held on the 7th day
of August , 1979 , at the hour of 1:30 o'clock P.t1.,
consider the seaTed proposals submitted for furnishing the
materials and performing the work hereinabove more particularly
described and set forth, and did thereunon find and determine
that the sealed proposal submitted by 'Nick Didovic Construction
Co., P.O. Box 4688, Anaheim, CA 92803
for the construction, installation and completion of said
Miraloma Avenue Storm Drain Improvement" in the City of --
Anaheim, Account No. 46-791-6325-1050
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 ~an-
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 Ana~eim 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 10th
day of August , 19~; 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
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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 Public Works Department
, and the contract 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 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, lahor, 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 halance 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 op~r-
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 he, 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 Councilor the City of Anaheim this 1st day of
April 1980..
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:.__.--~~. ~~(I/-' " ~~(.,- ' , i \
MAYOR/OF THE CITY O~ ANAHEIM
PRO TEM
ATTEST
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c<;~~~ ANAHEIM
fin
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. 80R-141 was introduced and adopted at a
regular meeting provided by law, of the City Council of the City of Anaheim
held on the 1st day of April, 1980, by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor Pro Tern of the City of Anaheim signed
said Resolution No. 80R-141 on the 1st day of April, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 1st day of April, 1980.
CIIT C~ ~E\;CI~~
(SEAL)
I, LINDA D. kOBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original of Resolution No. 80R-141 duly passed
and adopted by the Anaheim City Council on April 1, 1980.
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