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83R-481 RESOLUTION NO. 83R-481 A RESOLUTIqN OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FI~LLY ACCEPTING THE COMPLETION AND THE FURNISaING OF ALL PLANT, LABOR, SERVICES, MATERIALS ~D EQUIPMENT AND ALL UTILITIES AND TRANSPORTA~ION INCLUDING POWER, FUEL AND WATER, AND THE PEaFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~ND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LENAIN FIL~RATION PLANT SEWER, IN THE CITY OF ANAHEIM, AOCOUNT NO. 53-619-6329-90210-33100. 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 4th and 11th days of August, 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 ~erforming 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: Lenain Filtration Plant Sewer, in the City of Anaheim, consisting of t~e construction of an 8" V.C.P. sewer including manholes, A.C. berms, A.C. pavement and all other work as shown on the plans and delineated in the specifications on file in the office of the City Engineer, Account No. 53-619-6329-90210-33100, in accordance with the designs, plans, profiles and specifications prepared by the Pub~ic 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 25th day of August, 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 prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on the 25th day of August, 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 o;f 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 13th day of September, 1983, at the hour of 1:30 o'clock P.M., consider the sealed proposals submitted for furnishing the mater- ials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by A. & A. PIPELINE, INC., 6700 Stanton Avenue, Suite E, Buena Park, California 90620 for the con- struction, installation and completion of said Lenain Filtration Plant Sewer, in the City of Anaheim, Account No. 53-619-6329- 90210-33100 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 furnish- ing 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 specifica- tions, plans and drawings, the said public improvement as speci- fied 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 con- tractor, which said contract was duly made and entered into on the 26th day of September, 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, thie City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accorda~ce with the provisions of the contract and the contract documen!ts, 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, b~, and the same are hereby, accepted subject, never- theless, to all the ~erms, 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 l~wfully be withheld in accordance with the provisions of said contract and contract documents. Toat 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 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 City Council of the City of Anaheim t~20th ~. of Dec 1983. /1}tI)t /~.~ MAYOR OF THE CITY OF ANAHEIM ATTEST: ~y~~ IT CLERK 0 H I Y OF ANAHEIM /fm l824M 12/l3/83 _;,,,",,,,,_~,"",;,",,,,"~""--'_~W'_'___';""" 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-481 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of December, 1983, by the following vote of the members thereof: -.. AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOE S : COUNC IL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-481 on the 20th day of December, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of December, 1983. ~1.~ CITY tLERK OF THE CITY 0 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. 83R-481 duly passed and adopted by the Anaheim City Council on December 20, 1983. ~~~~ - -"""."-~,,--_....,, tI.