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1982-610 --"" RESOLUTION NO. ~10 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 ~ND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FPEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: 16-INCH TRANSMISSION MAIN IN LA PALMA AVENUE AND WEIR CANYON ROAD, PHASE I, IN THE CITY OF ANAHEIM, ACCOUNT NO. 54-605A-6329-27070-34350. WHEREAS, the C1 ty Council of the Ci ty of Ana.helm 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 the 13th and 20th days of May . -- , 1982 J a notice inviting sealed proposals for furnishing the following: All plant. labor, services, materials and equipment, and all utilities and 'transportation, Includ1nK power, fuel and water, and performing all work necessary to . construct and complete in a ~ood arid workmanlike man- ner. in strict accordance with the specifications, plans and drawin~s therefor on file 1n the Office of the City Engineer or City Clerk of the City of Anaheim, the fOllowing public improvement, to wit: construction of Phase I of a l6-inch transmission water main in the proposed 'newly constructed roadway embankment of the easterly extension of La Palma Avenue and the Weir Canyon Road intersection. The water main construction. will be done in conjunction with and concurrently with the O~ange County Environmental Management Agency.s roadway, storm drain, and sewer main construction contract. All work shall be done in accordance with plans and specifi- cations for this project on file in the office of the City Engineer, Account No. 54-605A-632?-27070-34350, ~/ in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, wh1eh said notice J ATT-40 -1- ~.- \ specified that s, ~ed proposals as specifie~ ~n said notice would be received up ~nti1 2:00 o'clo.ck P.M. of the 3rd. day of June , 1982 , and which said notice did state and declare that, pursua~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 ~ ascertained was on file in the Office of the City Clerk, and \tIHEREAS, on the 3rd day of' June J 19 82 , at the hour or 2:00 o'clock P.M., the City Clerk and the C1ty~gineer or the City or Anaheim did open said ~ealed proposals. received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, 1n- cludi~ power, ruel 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 rile in the Office of the City Clerk or the City or Anaheim, the pUblic improvement hereinabove more particularly described and set forth, in public, in the City Council Chambe~ in the City Hall; Anaheim, Calirornia, and the City Engineer did tabulate the result of said ~ealed proposals and did make a report to the City Council at its third sUbsequent regular or adjourned regular meeting; and -.' . WHEREAS, the City Council of the City or Anaheim did, at its third sUbsequent regular or adjourned regular meeting, held on the und day or June , 1982 , at the hour or 1: 30 O'clock P.M., consider the sealed propoiiIs submitted for rurnish- in~ the materials and perrorm1n~ the work hereinabove more particu- larly described and set forth, and did thereupon rind and determine that the sealed _proposal submitted by BRKICH BROS. CORP., 9638 East Rush Street, El MOnte, California 9173~ for the "construction, installation and completion of said l6-inch transmission main in La PaLMa Avenue and Weir Canyon Road, ~hase ~. 1n cne ~1Cy o~ Anahe~, ACcounc no. )4-bU~A-bJZ~-Z/U/U-J4~)U , hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to salc" cont~actor 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 or theC1ty ot Anaheim with said contractor, which said contract was dUly made and entered into on the 23rd day of July , 19.J!!; and WHEREAS, the said contractor has .~urn1shed 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 -2- .......- ..........."'.. ..........._ ...~.. ~ _........Jo....__.......... ...~D. .... ................. _______.~ .....,......~._____ ___-~..---=_~. 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 1n 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 in a good and workmanlike manner, in strict accordance with the specifications, plans and d~awin~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 or 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 cont~acto~ for anything done or turniBhed or withheld or for anything relating to the wo~k or any act or ne~lect 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. -3- ........,.. ...:~ ........_..:,+ :".~.-..--............. ~.......v~ THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of December t 19 82. ~~F~~ ATTEST: ~~NAHEIM Ifm 12-20-82 " 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. 82R-610 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 Dec~mber, 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-610 on the 28th day of December, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal, of "the City of Anaheim this 28th day of December, 1982. ~J1~ .)~ru CITY CLE OF TIlE CI 0 AHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that che foregoing is the original of Resolution No. 82R-610 duly passed and adopted by the Anaheim City Council on December 28, 1982. ~ "11.- .J~ ' CITY CLE. --., .. 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