84R-017 RESOLUTION NO. 84R -17
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:
FIRE STATION NO. 8 - STORAGE BUILDING, IN THE
CITY OF ANAHEIM, ACCOUNT NO. 24 -914 -6325.
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 14th and 21st days of April, 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:
Fire Station No. 8 storage building, in the City of
Anaheim, consisting of the construction of a prefabri-
cated steel building with reinforced concrete foundation
and floor, including all necessary engineering drawings
and calculations, plant labor, material and equipment;
electrical and plumbing work; the construction of con-
crete block wall, asphalt paving; concrete paving,
gutter, catch basis and R.C.P. storm drain; and all
appurtenant work in accordance with the plans and deline-
ated in the specifications on file in the office of the
City Engineer, Account 24- 914 -6325,
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 5th day of May, 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 5th day of May, 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 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 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
17th day of May, 1983, 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 DIVERSIFIED PACIFIC CONSTRUCTION COMPANY,
22961 Triton Way, Suite F, Laguna Hills, California 92653 for the
construction, installation and completion of said Fire Station No.
8 Storage Building, in the City of Anaheim, Account No. 24 -914-
6325, hereinabove mentioned and described, was the lowest respon-
sible 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 perform-
ing 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 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 15th day
of June, 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
-2-
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 accep-
tance 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 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 17th day of January, 1984.
MAY OF THE CITY OF A AHEI
ATTEST:
CIT CLERK OF TAE CITY OF ANAHEIM
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1923M
1/10/84 -3-
10111W 401.01.
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. 84R -17 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 17th day of January, 1984, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Fickler 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. 84R -17 on the 17th day of January, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 17th day of January, 1984.
/
CITY CLE'K OF THE ITY •F 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. 84R -17 duly passed and adopted
by the Anaheim City Council on January 17, 1984.
CITY CLE