78-398f
RESOLUTION NO. 78R - 398
A RESOLUTIONI 1F THE CITY CO[ANCIL OF THE CITY
OF ANAIIEIN F I NALLY ACCEPTING TIIE ',OHPLETION
AND THE FUi: iiS1jING OF ALL PLANT i,AROR, SER-
VICES, MATES <iALS AI1D EQUIPMENT A ]T) ALL UTILI-
TIES AND TRANSPORTATI0ii INCLUD10G 1'OWER, FUEL
AND WATER, AND THE PERFOWIANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLFTE THE FOLLOW -
ING PUBLIC IPiI'RCiVEMENT , TO WIT:
LINCOLN AVENUE MEDIAN ISLAND STREET I11PROVE-
MENT, EUCLID ^0 WESTERN, IN THE CITY OF
ANAHEIM, PROJECT NO. 13- 4309 - 724 -16 -1000.
WHEREAS, the City Council of the Ciry of Anancim did
cause to be published in a newspaper of general circulation,
printed, pub�ished and circulated in the City of Anaheim, to
wit: The Ana'ieim Bulletin, on the 29th_ da-y7 of Se an d _
6th day of Octobe 1977 a notice inviting sealed
� s for furnishing the following:
All plant, labor, services, materials and equipment, and
all utilities and t-ransportation, 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 ()n file in the Office of the City Engin -er or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Lincoln Avenue median island street improvement, Euclid
Street to Western Avenue, in the City of Anaheim, con-
sisting of A.C. removal, excavation; construction of
P.C.C. pattern concrete; installation of guide markers;
and all appurtenant work as shown on the plans and de-
lineated in the specifications on file in the Office of
the City Engineer, Project No. 13- 4309 - 724 -16 -1000,
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public ,.o s de r- artme
and the notice inviting sealed proposals, which said notice
-1-
ATTY -40
specified that sealed proposals as specified in said notice
would be received up until 2:03 o'clock P.M. of the 20
day of October , 19 77 , and which said notice 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 Octol_er 20 , 19 , at the.hour
of 2; o'clock P.M., the City C erF, and the City Engineer
of t're 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, 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 - - - regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next - - - regular meeting, held on the 1st_ day
Of November 19 77 , 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 LEON IT`,_ C(_)' jCPETI , I`dC. , _
r = "' c I 11. Santa Ana California. 92 _
or the construction, installation and completion of said
Lincoln Av enue median island street irn rover _ell t, !� to
11 7estern, in the City of Anaheim, Project No. 13- 4309 - 724- 15 -00
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 man-
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 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 10th
day of November , 1 9 77 ; 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
ATT -43 Page 2 of 3 Pages
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 the Public ':3orks Department
and the contract ma a and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the Director of Public Works
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 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 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 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 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 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 oper-
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 be, and he
is hereby, authorized to execute and file a notice of completion
of said work as required by law.
=I=
ATT -40
THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 0th day of
June 197 "
MAYOR M
ATTEST:
a
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. 78R -398 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 20th day of June, 1978, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 78R -398 on the 20th day of June, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of June, 1978.
CITY CL RK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R -398 duly passed and adopted
by the Anaheim City Council on June 20, 1978.
CITY CLERK