83R-463
RESOLUTION NO. 83R-463
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:
WATER IMPROVEMENTS IN SOUTH STREET, PHASE II,
IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-606-
6329-27410-34340.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
published and circulated in the City of Anaheim, to wit: The
Anaheim Bulletin, on the 3rd and 10th days of March, 1983, 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 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:
Water improvements in South Street, Phase II, in the City
of Anaheim, consisting of the construction of approxi-
mately 3500 feet of 12 inch distribution main in South
Street from Lemon Street to the Santa Ana Freeway and the
abandonment of the existing 6 inch and 8 inch main in
South Street, Account No. 53-606-6329-27410-34340,
in accordance with the designs, plans, profiles and specifications
prepared by the Public Works Department, and the notice inviting
sealed proposals, which said notice specified that sealed propo-
sals as specified in said notice would be received up until 2:00
o'clock P.M. on the 24th day of March, 1983, 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 pre-
vailing hourly wage scale so ascertained was on file in the Office
of the City Clerk; and
WHEREAS, on the 24th day of March,1983, 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 con-
struct 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 a meeting held no later than thirty (30) days after the bids
were opened; and
WHEREAS, the City Council of the City of Anaheim did, at
a subsequent regular or adjourned regular meeting, held on the 5th
day of April, 1983, at the hour of 1:30 o'clock P.M., consider the
sealed proposals submitted for furnishing the materials and per-
forming the work hereinabove more particularly described and set
forth, and did thereupon find and determine that the sealed propo-
sal submitted by BRKICH BROS. CORP., 9638 East Rush Street, El
Monte, California 91733, for the construction, installation and
completion of said water improvements in South Street, Phase II,
in the City of Anaheim, Account No. 53-606-6329-27410-34340 here-
inabove mentioned and described, was the lowest responsible propo-
sal 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 work-
manlike manner, 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 4th day
of May, 1983; 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 pro-
posals and in the detailed designs, plans, drawings and specifica-
tions prepared by the Public Works Department, and the contract
made and entered into with said contractor by the City of Anaheim;
and
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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 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 perform-
ance of all work necessary to construct, install and complete in a
good and workmanlike manner, in strict accordance with the speci-
fications, plans and drawings therefor on file in the Office of
the City Clerk of the City of Anaheim, together with the appurten-
ances thereto, said public improvement hereinabove more particu-
larly 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 con-
tract 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 accept-
ance by the contractor 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 withhe~d 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
City Council of the City of Anaheim thi
ATTEST:
~ ~L~~ OF ANAHEIM
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11/29/83
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-463 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 December, 1983, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth
NOE S : COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-463 on the 6th day of December, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of December, 1983.
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CITY C ERK OF THE CITY 0 AHEIM
( SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoi~ is the original of Resolution No. 83R-463 duly p~ssed and
adopted by the Anaheim City Council on December 6, 1983.
0&.4 J~ ~
) CITY CLERK
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