1981-476RESOLUTION NO. 81R -476
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:
ACACIA STREET STORM DRAIN ROMNEYA DRIVE
TO LA PALMA AVENUE, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 47- 791 6325 -E1160
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 24th and 31st days of July
19 80, 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:
Acacia Street Storm Drain, Romneya Drive to La Palma Avenue,
in the City of Anaheim, consisting of the construction of a
storm drain of approximately 1234 L.F. of 75" RCP, 156 L.F.
of 54" RCP, 40 L.F. of 42" RCP, RCP laterals, PCC structures'
including catch basins, junction structures, P.C.C. curb and
gutter, sidewalk, A.C. pavement including all appurtenant
work in accordance with the project plans and specifications
on file in the Office of the City Engineer, Account
No. 47 -791- 6325- E1160.
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
specified that sealed proposals as specifies in said notice would
be received up until 2:00 o'clock P.M. of the l4, day of
August 1980 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 exe-
cute 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 14th day of August 19, 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, in-
cluding 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 second subsequent regular or adjourned regular meeting;
and
WHEREAS, the City Council of the City of Anaheim did, at
its second subsequent regular or adjourned regular meeting, held
on the 26th day of August lg 80, at the hour of 1:30
o'clockM., consider the sealed proposals submitted for furnish-
ing the materials and performing the work hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the sealed proposal submitted by B ENTERPRISE CORP., 8866
Utica Ave., Rancho Cucamonga, Calif. 91730
for the construction, installation and completion of said
Acacia Street storm drain Romneya Drive to La Palma Avenue, in the
City Of Anaheim, Aronnnf Nn. 47- 7A1- A19c,_F11AQ
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 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 llth day of September 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 construc-
tion and completion, in a good and workmanlike manner, in 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 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 equipment and all utilities and transportation, and the per-
formance 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 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 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.
THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 6th day of
October 19 81
ATTEST:
/fm
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. 81R -476 was introduced and
adopted at a regular meeting provided by law, of the City Council of
the City of Anaheim held on the 6th day of October, 1981, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, 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. 81R -476 on the 6th day of October, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 6th day of October, 1981.
(SEAL)
CI C ERK OF THE CIT OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 81R -476
duly passed and adopted by the Anaheim City Council on October 6,
1981.
CITY CLERK