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83R-033 RESOLUTION NO. 83R-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FUR ISHING OF ALL PLANT, LABOR, SER- VICES, MATE IALS AND EQUIPMENT AND ALL UTIL- ITIES AND T ANSPORTATION INCLUDING POWER, FUEL AND WA ER, AND THE PERFORMANCE OF ALL WORK NECESS RY TO CONSTRUCT AND COMPLETE THE FOLLOWING P BLIC IMP ROVEf.1ENT , TO WIT: ALLEY, SEWE!, STORM DRAIN AND WATER IMPROVE- MENT, IN THt CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325+E2300. WHEREAS, th~ City Council of the City of Anaheim did cause to be published! in a newspaper of general circulation printed, published an~ circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 26th day of August and 2nd day of September . , 19 82 , a notice inviting sealed proposals for furnish~ng the following: All plant, labor!, services, materials and equi"pment, and all utilitie~ and transportation, includin~ power, fuel and water, ~nd performing all work necessary to . construct and co~plete in a ~ood and workmanlike man- ner, in strict apcordance with the specifications, plans and drawin~s therefor on file in the Office of the City Enginee~ or City Clerk of the City of Anaheim, the fOllowing puplic improvement, to wit: Alley, sewer, st~rm drain and water improvement, in the City of Anaheim, consisting of excavation, construction of P.C.C. and A.~. alley pavement, P.C.C. curbing, catch basin and 18" R.C.P. storm drain, 8" V.C.P. sewer. main with manhol~s, 8" ductile iron water main with fire hydrant ass~mbly, and all appurtenances complete and in place in accordance with the plans and specifi- cations on file in the office of the City Engineer, Account No. 46-792-6325-E2300, _. in accordance with tht designs, plans, profiles and specifica- tions prepared by th Public Works Department and the notice inviti g sealed proposals, which said notice ATT-40 -1- ,..""-,"...._-- 'specified that sealed proposal~ as specifiea in said notice would be received up ':Intil 2:00 o'clo'ck P.M. of the 16th' day of September , 1982 , 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 exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk1 and \-mEREAS. o~ the ; 16th day of SeptRmhpr . 19~. at the hour of 2:00 o'c+ock P.M.. the City Clerk and the City En~ineer of the City of Anahe~m did open said sealed proposals received up to that time for the furnishing of all plant. labor. services. materials and equipm~nt. and all utilities and transportation, in- cluding power. ,fuel ~nd water. and performing all work necessary to construct and comple~e. in a good and workmanlike manner, in strict accordance with the ~pecifications, plans and drawings therefor on file in the Office ot the City Clerk of the City of Anaheim. the public improvement h~reinabove 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 propo$als and did make a report to the City Council at its second subsequent regular or adjourned re~ular meeting; ~d ' , WHEREAS. t~e City Council of the City of Anaheim did, at its second sUbsequdnt regular or adjourned regular meeting. held on the 28th day of. September , 1982 , at the hour of 1:30 o'clock P.M., consid~r the sealed proposals submitted for furnish- in~ the materials an~ performin~ the work hereinabove more particu- larly described and Set forth, and did thereupon find and determine that the sealed prop~sal submitted by INDUSTRIAL FENCE & SUPPLY, , INC., 6~25 Atlantic ~oulevard, Long Beach, Calif. 90805 for the construction, installation and completion of said alley, sewer, storm rain and water im rovement in the Citof na e1m, Account No. !46-792-6325-E2300 ~"'. hereinabove mentioned and described, was the lo~est responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said' contractor ~or rurnis~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 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 of the City of Anaheim with said contractor, which said contract was duly made and entered into on the 14th day of October . 19~; 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 -2- '-"'."",,~,..........".' - 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, th~ 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 specifi~ations and the contract documents duly made and entered into with said contractor; and WHEREAS, th~ City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordan~e 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. NOH, THEREF~RE, BE IT RESOLVED by the City Council of the City of Anaheim t~at all plant, labor, services, materials and equioment and all utilities and transportation, and the per- formance of all work ~ecessary 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 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 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 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 contractor for anything done or furnished or withheld or for anything relating to the work 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- "",,",..-........-...-.""""'-" THE FOREG~ING RESOLUTION is approved and adopted by the City Counci1of the City of Anaheim this 1st day of Februarv . 19 n. MA~E~~ ATTEST: ~~~ANAHEIM /fm 1-24-83 ...- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City C~erk of the City of Anaheim, do hereby certify that the foregoing Resolution NO.1 83R-33 was introduced and adopted at a regular meeting provided by law, of :the City Council of the City of Anaheim held on the 1st day of February, 19~3, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: ~aywood, Pickler, Overholt, Bay and Roth -'. NOES: COUNCIL MEMBERS: ~one ABSENT: COUNCIL MEMBERS: ~one AND I FURTHER certify that ~he Mayor of the City of Anaheim signed said Resolution No. 83R-33 on th~ 1st day of February, 1983. IN WITNESS WHEREOF, I have Hereunto set my hand and affixed the seal of the City of Anaheim this 1st da~ of February, 1983. ~. J.-J~~ CITY C ERK OF THE CITY 0 ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby certify that the foregoing is the origina~ of Resolution No. 83R-33 duly passed and adopted by the AnaheIm City CouncIl pn February 1, 1983. ~'J.'J~.~ CITY CLERK --....