1985-319RESOLUTION NO. 85R-319
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:
JOHN MARSHALL PARK IRRIGATION IMPROVEMENTS IN
THE CITY OF ANAHEIM.
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 28th day of March and the 4th day of
April, 1985, 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:
John Marshall Park irrigation improvements, in the City
of Anaheim, consisting of the replacement of the existing
hydraulic valves, replacement of existing mainline,
install new remote wiring, install conduit, provide and
install, with connections, a new controller. All work
shall be done in accordance with the plans and
specifications on file in the office of the City
Engineer, Account Nos. 16-812-7103-1202c and
16-812-7103-12080,
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
proposals as specified in said notice would be received up until
2:00 o'clock P.M. on the 18th day of April, 1985, 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 the 18th day of April, 1985, 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
30th day of April, 1985, at the hour of 10:00 o'clock A.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 ALLIED SPRINKLER CO. INC., 2831
Gretta Lane, Anaheim, California 92806 for the construction,
installation and completion of said John Marshall Park irrigation
improvements in the City of Anaheim, Account Nos.
16-812-7103-1202c and 16-812-7103-12080 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 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 24th day of May, 1985; 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
construction 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
..p,..,. proposals and in the detailed designs, plans, drawings and
specifications 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 City Engineer 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
performance 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 appurtenances thereto, said public improvement hereinabove
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 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 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 TT 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 23rd day of July, 1985.
~~~ C9~9C~
MAYOR OF THE CITY OF AHEIM
ATTEST • /^~~
CITY CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF~ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-319 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ''~"''~
the 23th day of July, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bay
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-319 on the 23th day of July, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 23th day of July, 1985.
~_-~~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA~N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-319 duly passed and
adopted by the Anaheim City Council on July 23, 1985.
CITY CLERK