1982-611
RESOLUTION NO. 82R-611
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION .
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
LAKEVIEW-LA PALMA STORM DRAIN OUTLET
STRUCTURE, ACCOUNT NO. 46-79l-6325-El300.
WHEREAS, the City Council of the City of Anaheim did
solicit and receive 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 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:
Lakeview-La Palma Storm Drain Outlet Structure, in the
City of Anaheim, consisting of the construction of 48w
C.S.P., p.e.c. collar, structures, rip rap, compacted
fill, reinstall 45" R.C.P. and all other work as shown on
the plans and delineated in the specifications on file in
the office of the City Engineer, Account No.
46-79l-6325-E1300,
in accordance with the designs, plans, profiles and specifications
prepared by the Public Works Department, and the solicitation
inviting sealed proposals, which said solicitation specified that
sealed proposalS would be received up until 2:00 o'clock P.M. on
the 28th day of September, 1982, and which said solicitation 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 the 28th day of September, 1982 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
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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 next subsequent regular or adjourned regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next 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 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 GILLESPIE CONSTRUCTION, 1055 El
Camino Drive, Costa Mesa, California, for the construction,
installation and completion of said Lakeview-La Palma Storm Drain
Outlet, in the City of Anaheim, Account No. 46-791-6325-E1300,
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 specifications,
plans and drawings, the said public improvement as specified in
said solicitation 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 21st day of October, 1982: 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 draw1n~5 of said
pUblic improvement as specified 1n 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. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
and equioment and all utilities and transportation, and the per-
formance of all work necessary to construct, install and complete
1n 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, 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 1n accordance with the provisions of
said contract and contract documents. That acceptance by the con-
tractor of said payments made 1n accordance with said final estimate
shall operate and shall be a release to the City or Anaheim, its
officers, agents and employees from all claims and liabilities due
the contractor for anything done or furnished or withheld or for
anything relatin~ 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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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anahei~, do hereby certify that
the foregoing Resolution No. 82R-611 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th day of December, 1982, 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. 82R-611 on the 28th day of December, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and aff~xed the seal of the
City of Anaheim this 28th day of December, 1982.
~Il~:/~
. CrTY CLNK OF THE CITY 0 AHEIM
(SEAL)
I, T~INDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 82R-611 duly passed and
adopted by the Anaheim City Council on December 28, 1982.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 2 th day December, 1982
,4
MAYOR OF THE CITY 0 ANAHEIM
ATTEST:
~.tA.~d-L-;
CITY CLERK OF TH CITY OF ANAHEIM
/fm
0440M
12-20-82
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