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84R-465 - ,--. RESOLUTION NO. 84R-465 ~, A RESOLUTIfu' OF THE " CITY COUNCIL OF THE CITY OF ANAHEIM FI LY ACC~PTING THE COMPLETION AND THE FURNIS NG OF ALL PLANT, LABOR, SERVICES, MATERIALS , D EQUIP.ENT AND ALL UTILITIES AND TRANSPORTAU. ON INCL~",DING POWER, FUEL AND WATER, AND THE PE ORMANCEOF ALL WORK NECESSARY TO CONSTRUCT D COMPL~TE THE FOLLOWING PUBLIC IMPROVEMENt~ TO WITt WATER IMPRE'.' EMENTS ~..,F WELL SITE 39, SOUTHEAST CORNER OF. GE AN~ WESTERN AVENUES, IN THE CITY OF AN EIM, ACtOUNT NO. 53-6l9-632,~90290-31500. WHEREAS, ti'~ City C~uncil of the City of Anaheim did cause to be publish C in a n',wspaper of general circulation, published and circu.~ted in the City of Anaheim, to wit: The Anaheim Bulletin, o.the 1st and 8th days of September, 1983, inviting sealed pro~~sals fot furnishing the following: All plant, labol' servic,s, materials and equipment, and all utilities a,C transp$rtation, including power, fuel and water, and .~rformin, all work necessary to construct and complete in a good amd workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on fil.' in the Cffice of the City Engineer or City Clerk of t.e City of Anaheim, the following public improvement, to wit: Water improveme~ts of Well Site 39, Southeast corner of Orange and West+tn Avenues, in the City of Anaheim, consisting of t~~ construction of the disinfection-c04trol building and other related appurtenances, t~e installation of pumping equipment and discharge pipin~t including the construction of a transfer statio* for street sweeping, and necessary site landscaping, in ~ccordan~e with the plans and delineated in the specific4tions on file in the office of the City Engineer, Account No. 53-619-6329-90290-31500, in accordance with ~~e designs, plans, profiles and specifications prepared by the Pub~fc Works Department, and the notice inviting sealed proposals, w~fch said notice specified that sealed ,~ proposals as specift,d in said notice would be received up until 2:00 o'clock P.M. o~ the 22nd day of September, 1983, and which said notice did sta., and declare that, pursuant to the provisions of Section 1770 of .be Labor Code, the City Council of the City of Anaheim had ascertai$ed the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly w4~e scale so ascertained was on file in the Office of the City Clerk: and l j ",- ..-., AfI""'.., WHEREAS, on the 22nd day of November, 1983, at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did~pen said sealed proposals received up to that time for the furnisb~ng of all plant, labor, services, materials and equipment, and .~l utilities and transportation, including power, fuel and water, and p,rforming all work necessary to construct and complef:e, 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 amprovem~nt hereinabove more particularly described and set f~Fth, in ~ublic, in the City Council Chamber in the City Hall, Anah.~m, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council ~t a meeting held no later than thirty (30) days after the bids were opened: and WHEREAS, t.~ City C~uncil of the City of Anaheim did, at a subsequent regulat' or adjo~rned regular meeting, held on the 11th day of October" 1983, at the hour of 10:00 o'clock A.M., consider the sealed~roposals submitted for furnishing the materials and perfo*~ing the work hereinabove more particularly described and set f~Fth, and did thereupon find and determine that the sealed proposal ~ubmitted by TENNYSON PIPELINE COMPANY, 11870 Virginia Avenue, Lyn~ood, CA 90262 for the construction, installation and co.pletion Qf said Water Improvements of Well Site 39, Southeast tbrner of Orange and Western Avenues, in the City of Anaheim, Ac~ount No. 53-619-6329-90290-31500 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, incl~ding 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 Qf 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 11th day of October, 1983: and ,,.--.., WHEREAS, t.~ said c~ntractor has furnished all plant, labor, services, mat~rials a~d equipment and all utilities and transportation, and,~erforme~ all work necessary for the construction and co.~letion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said public improve.~nt as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings and specifications prep.ted by tbe Public Works Department, and the contract made and e~~ered into with said contractor by the City of Anaheim; and j I , ~ ~ ""......, WHEREAS, tile Public Works Executive Director has duly certified to the co.~truction and completion of said public improvement hereina~pve mentioned and described, in accor~ance with the plans and ~~ecifications and the contract documents duly ~de and entered intp with s.id contractor: and I WHEREAS, t.~ City C~uncil finds that said contractor has completed said publl~ improvtment hereinabove more particularly described in accord+hce with the provisions of the contract and the contract docume~~s, and that notice of completion should be filed and payment of: the balance due said contractor authorized in accordance with the contract documents. NOW, THEREtPRE, BE IT RESOLVED by the City Council of the City of Anaheim that1all plant, labor, services, materials and equipment and all u~Jlities and transportation, and the performance of all *~rk nece$sary to construct, install and complete in a good .~d workm~nlike manner, in strict accordance with the specificat~pns, plans and drawings therefor on file in the Office of the city Clerk-of the City of Anaheim, together with the appurtenances th~reto, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, nevertbeless~ to a+J, the ter*s, conditions and provisions of the contract documents,'~nd that the balance due said contractor for said work be paid tQ said contractor thirty-five (35) days from and after final acce~tance of said work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the date of th~ filing of notice of completion, excepting only such sum or su.~ as may lawfully be withheld in accordance with the provisions' pf saidtontract and contract document's. That acceptance by the c4:>ptractor'of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished_or withheJ~ or for. anything relating to the work or any act or neglect of th~ City, its officers, agents and employees, excepting only claims against the City for amounts withheld by the City at the time of such payment. AND BE IT tPRTHER R$SOLVED that the Mayor be, and he is hereby, authorized tp execute and file a notice of completion of said work as require~ by law. ~. THE FOREGOtNG RESOLUTION is approved and adopted by the City Council of the'City of Anaheim this 4th day of December, 1984. ~E'!:~~ ~ ATTEST;/,; '1~ ~ ' A a C1TY ~OF THE c. Y OF AN ELM /kh 1810U 11/16/84 L ,-.... ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss., CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Cl~~k of the ~ity of Anaheim, do hereby certify that the foregoing Resolution No. 84R-465 W4S introduced and adopted at a regular meeting provided by law, of ,~he City C.uncil of the City of Anaheim held on the 4th day of December, 19&4, by the following vote of the members thereof: ~ AYES: COUNCIL MEMBERS: , Kaywood, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER certifY that ~ Mayor o~ the City of Anaheim signed said Resolution No. 84R-465 on t~ 4th day of December, 1984. IN WItNESS WHEREOF, I have ~eunto se' my hand and affixed the seal of the City of Anaheim this 4th da~ of Decemb~r, 1984. d~~~~ (SEAL) I, LEQNORA N. SOHL, City Cle~k of the City of Anaheim, do hereby certify t~at the foregoing is the origin~ of Resol~tion No. 84R-465 duly passed and adopted by the Anaheim City CPuncil on ,December 4, 1984. ?:'f!. vi" ~ S;...L( CITY CLERK )