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84R-402 ""'" r ~ ~. RESOLUTION NO. 84R-402 ,~ A RESOLUTIO OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FIN LY ACCEfTING THE COMPLETION AND THE FURNISH ~G OF AL~ PLANT, LABOR, SERVICES, MATERIALS EOUIPM~NT AND ALL UTILITIES AND TRANSPORTAT ~N INCLUbING POWER, FUEL AND WATER, AND THE PE ,RMANCE pF ALL WORK NECESSARY TO CONSTRUCT COMPLE~E THE FOLLOWING PUBLIC IMPROVEMENT TO WIT: WATER IMPR~ENTS IN SANTA ANA CANYON ROAD PHASES II ' III - MOHLER DRIVE TO WEIR CANYON ROAD IN THE iCITY OF ~AHEIM, ACCOUNT NUMBERS 54-612-63291 '01703 ANb 54-621-6329-01714. WHEREAS, t;' City Co~ncil of the City of Anaheim did cause to be publish .', in a newspaper of general circulation, pUblished and circu 'ted in the City of Anaheim, to wit: The Anaheim Bulletin, onithe 7th and 14th days of July, 1983, inviting sealed proposals fo~ furnishing the following: All plant, labo~~., services, materials and equipment, and all utilities aqq transportation, including power, fuel and water, and ~rforming all work necessary to construct and complete in ~ good and workmanlike manner, in strict accordance with i1:he specifications, plans and drawings therefor on fil~ in the Office of the City Engineer or City Clerk of t~e City of Anaheim, the following public improvement, to ;wit: Water transmiss~~n main in Santa Ana Canyon Road, Phases II and III, in ~e City of Anaheim, consisting of the construction, i~ Santa Ana Canyon Road, of a 36-inch transmission ma~n from Mohler DRive to Weir Canyon Road, and a 20-inch t~ansmission main from Weir Canyon Road to 900 feet east o~ Longwood Street. All work shall be done in accordance w~th the plans and specifications on file in the office of the City Engineer, Account Nos. 54-612-67329-01703 and 54-621-6329-01714, ~ in accordance with 'he designs, plans, profiles and specifications prepared by the Pub~ic Works Department, and the notice inviting sealed proposals, w~ich said notice specified that sealed proposals as specifted in said notice would be received up until 2:00 o'clock P.M. o~ the 28th day of July, 1983, and which said notice did state an4 declare that, pursuant to the provisions of Section 1770 of the'Labor Code, the City Council of the City of Anaheim had ascerta~ned the prevailing rate of wages for each type of labor needed to .xecute said contract, and did state that the prevailing hourly w.ge scale so ascertained was on file in the Office of the City ~lerk: and r r r~ ~,-~' .,~ WHEREAS, on, the 28th day of July, 1983, at the hour of 2:00 o'clock P.M., t~e City Clerk and the City Engineer of the City of Anaheim did ~pen said sealed proposals received up to that time for the furnishJ~g of all plant, labor, services, materials and equipment, and a~l utilities and transportation, including power, fuel and watet, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance wi~h the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public lmprovement hereinabove more particularly described and set fo~th, in public, in the City Council Chamber in the City Hall, AnaheJm, California, and the City Engineer did tabulate the result pf 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, th~ City Council of the City of Anaheim did, at a subsequent regular'or adjourned regular meeting, held on the 16th day of August, ~983, at the hour of 10:00 o'clock A.M., consider the sealed proposals submitted for furnishing the materials and perforFing the work hereinabove more particularly described and set fo~th, and did thereupon find and determine that the sealed proposal ~ubmitted by Colich & Sons for the construction, instal~ation and completion of said water transmission main in! Santa Ana Canyon Road Phases II and III, in the City of Anaheim,! Account Nos. 54-612-6329-01703 and 54-621-6329-01714 he~einabove mentioned and described, was the lowest responsible p~oposal submitted therefor, and thereupon accepted said bid an~ 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 w~rk necessary to construct and complete, in a good and workmanlike, manner, in strict accordance with the specifications, plan~ and drawings, the said public improvement as specified in said noltice 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 16th day of September, 1983: and ~ ~ ;- Ie" WHEREAS, th~ said contractor has furnished all plant, labor, services, mat~~ials and equipment and all utilities and transportation, and H. . rformed all work necessary for the construction and com ~etion, in a good and workmanlike manner, in strict accordance wi,h the specifications, plans and drawings of ,~ said public improvem~pt as specified in the notice inviting sealed proposals and in the'detailed designs, plans, drawings and specifications prepat~d by the Public Works Department, and the contract made and entered into with said contractor by the City of Anaheim: and WHEREAS, th'i Public Works Executive Director has duly certified to the con,~ruction and completion of said public improvement hereinab~ye mentioned and described, in accordance with the plans and sP~cifications and the contract documents duly made and entered intb with said contractor: and WHEREAS, th', City Co~ncil finds that said contractor has completed said publi~ improve~ent hereinabove more particularly described in accorda'~e with t,he provisions of the contract and the contract documen~~, and tbat notice of completion should be filed and payment of'the balance due said contractor authorized in accordance with the ~ontract ~ocuments. .....-..." NOW, THEREF~~E, BE IT RESOLVED by the City Council of the City of Anaheim that!~ll plant, labor, services, materials and equipment and all ut!~ities and transportation, and the performance of all W!tk necessary to construct, install and complete in a good a ..,~,' workma$like manner, in strict accordance with the specificati~s, plans and drawings therefor on file in the Office of the Ci., Y Clerk of the City of Anaheim, together with the appurtenances th'teto, said public improvement hereinabove more particularly de.~ribed and set forth, in the City of Anaheim, by said contractor, ~~, and the same are hereby, accepted subject, nevertheless, to all 'the terms, conditions and provisions of the contract documents, .nd that the balance due said contractor for said work be paid toi$aid contractor thirty-five (35) days from and after final acceptance of said work as evidenced by the adoption of this res~lution, but not sooner than thirty (30) days after the date of th. filing of notice of completion, excepting only such sum or sum$ as may lawfully be withheld in accordance with the provisions ~f said contract and contract documents. That acceptance by the co~tractor of said payments made in accordance with said final esti..te 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 th. City, its officers, agents and employees, excepting only claim~ against the City for amounts withheld by the City at the time of ~Qch payment. AND BE IT FU.THER RESOLVED that the Mayor be, and he is hereby, authorized t~ execute and file a notice of completion of said work as required by law. -H- ( ~ THE FOREGO~NG RESOLUTION is approved and ~dopted by the City Council of the iCity of Anaheim this ~th day of October, 1984. ""-....,,, ~~~ MAY Of. H CITY ~F ~ AHIIT . ATTEST: Ck~F a~M.EIM /kn l495U i~ - ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. sOOt, City Cle~ of the City of Anaheim, do hereby certify that the fore~o1ng Re.olution No.I~4.4R-402 waa.. introduced and adopted at a regular meetina-provided by law, o.f ~ CityCo~cil of the City of Anaheim held on the 9th day of October, 1984, 'by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and RotJ;1 NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that th~ Mayor of the City of Anaheim signed said Resolution No. 84R-402 on th. 9th day of October, 1984. IN WITNESS WHEREOF, I have h.reunto set my hand and affixed the seal of the City of Anaheim this 9th day of October, 1984. ct~~-a;i~ (SEAL) I, LEONORA N. SOHL, City Cle~~ of the City of Anaheim, do hereby certify that the foregoing is the originatof Resolution No. 84R-402 duly passed and adopted by the Anaheim City ~quncil on October 9, 1984. Y~3~ 1 -, j