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84R-330 r" - RESOLUTION NO. 84R-330 r~ A RESOLUTIO ANAHEIM FIS THE FURNISH MATERIALS TRANSPORTA'1' AND THE PER CONSTRUCT IMPROVEMENT OF THE CITY COUNCIL OF THE CITY OF LY ACCEPTING THE COMPLETION AND G OF ALL PLANT, LABOR, SERVICES, EQUIPMENT AND ALL UTILITIES AND €N INCLUDING POWER, FUEL AND WATER, RMANCE OF ALL WORK NECESSARY TO COMPLETE THE FOLLOWING PUBLIC . TO WIT: I SOUTH STREEt!. WATER IMPROVEMENTS PHASE II B, IN THE CITY ot ~AHEIM, ACCOUNT NO. 53-606-6329- 17350-34360 : , WHEREAS, th i City Council of the City of Anaheim did cause to be publish~ I in a newspaper of general circulation, published and circul ~ed in the City of Anaheim, to wit: The Anaheim Bulletin, on ~he 5th and 12th days of January, 1984, inviting sealed prop bals for furnishing the following: i. . . All plant, laborl' serVIces, materIals and equIpment, and all utilities an!." transportation, including power, fuel and water, and p ~forming all work necessary to construct and complete in i good and workmanlike manner, in strict accordance with ~e specifications, plans and drawings therefor on filel~n the Office of the City Engineer or City Clerk of th, City of Anaheim, the following public improvement, to fit: i South Street wattir Improvements Phase II B consisting of the construction,pf a steel pipe casing under the Santa Ana Freeway and pe installation of an 18 inch water main in South Street ~tween the limits of Illinois Street and Manchester Avenu ' in the City of Anaheim. All work shall be accomplished br plans and specifications for this project on file ~ the office of the City Engineer, Account No. 53-6 6-6329-17350-34360, .-' in accordance with tI',~'.. designs, plans, profiles and specifications prepared by the Publ F Works Department, and the notice inviting sealed proposals, wh ph said notice specified that sealed proposals as specifi a in said notice would be received up until 2:00 o'clock P.M. onlthe 26th day of January, 1984, and which said notice did state andipeclare that, pursuant to the provisions of Section 1770 of the abor Code, the City Council of the City of Anaheim had ascertai ~d the prevailing rate of wages for each type of labor needed to e ~cute said contract, and did state that the prevailing hourly wa ~ scale so ascertained was on file in the Office of the City C erk: and ."",..... - .",-. WHEREAS, on the 26th day of January, 1984, at the hour of 2:00 o'clock P.M., t ~ City Clerk and the City Engineer of the City of Anaheim did pen said sealed proposals received up to that time for the furnish ng of all plant, labor, services, materials and equipment, and a i utilities and transportation, including power, fuel and wate , and performing all work necessary to construct and comple ~, in a good and workmanlike manner, in strict accordance wi h the specifications, plans and drawings therefor on file in he Office of the City Clerk of the City of Anaheim, the public ~provement hereinabove more particularly described and set fo th, in public, in the City Council Chamber in the City Hall, Anahe $, California, and the City Engineer did tabulate the result ,f said sealed proposals and did make a report to the City Council 4,t a meeting held no later than thirty (30) days after the bids ,ere opened: and WHEREAS, tht City Council of the City of Anaheim did, at a subsequent regular or adjourned regular meeting, held on the 14th day of February 1984, at the hour of 10:00 o'clock A.M., consider the sealed !OPOSals submitted for furnishing the materials and perfor ng the work hereinabove more particularly described and set fo ,h, and did thereupon find and determine that the sealed proposal ~bmitted by CHANGING TIMES ENTERPRISES, INC., 7932 11th Street, Bu ~a Park, California 90621 for the construction, instal.tion and completion of said South Street Water Improvements -'~hase IIB, in the City of Anaheim, Account No. 53-606-6329-1735 ~34360,hereinabove mentioned and described, was the lowest respo $ible proposal submitted therefor, and thereupon accepted s id bid and did award a contract to said contractor for furni ~ing all plant, labor, services, materials and equipment and al utilities and transportation, including power, fuel and wate , and performing all work necessary to construct and comple ~, in a good and workmanlike manner, in strict accordance wi n the specifications, plans and drawings, the said public improvem nt as specified in said notice inviting sealed proposals, an did authorize the Mayor and the City Clerk of the City of Anahe ~ to execute a contract for and on behalf of the City of Anaheim ~th said contractor, which said contract was duly made and entere into on the 26th day of March, 1984: and -, WHEREAS, th+ said contractor has furnished all plant, labor, services, mat,tials and equipment and all utilities and transportation, and t~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+nt as specified in the notice inviting sealed proposals and in thejdetailed designs, plans, drawings and specifications prepated by the Public Works Department, and the contract made and entered into with said contractor by the City of Anaheim: and -2- ,,-..., - - WHEREAS, thj. Public Works Executive Director has duly certified to the con truction and completion of said public improvement hereinab,' ,v" e mentioned and described, in accordance with the plans and s ~cifications and the contract documents duly made and entered int ! with said contractor: and , WHEREAS, thi City Council finds that said contractor has completed said publi improvement hereinabove more particularly described in accorda ~e with the provisions of the contract and the contract documen $, and that notice of completion should be filed and payment of , the balance due said contractor authorized in accordance with the ~ontract documents. NOW, THEREF~~E, BE IT RESOLVED by the City Council of the City of Anaheim that~ll plant, labor, services, mater~als and equipment and all ut ~ities and transportation, and the performance of all w tk necessary to construct, install and complete in a good a ~ workmanlike manner, in strict accordance with the specificati ~s, plans and drawings therefor on file in the Office of the Ci t Clerk of the City of Anaheim, togetber with the appurtenances th teto, said public improvement hereinabove more particularly de cribed and set forth, in the City of Anaheim, by said contractor, ~,and the same are hereby, accepted subject, nevertheless, to all the terms, conditions and provisions of the contract documents, bd that the balance due said contractor for said work be paid to'$aid contractor thirty-five (35) days from and after final accejtance of said work as evidenced by the adoption of this res~+ution, but not sooner than thirty (30) days after the date of thj filing of notice of completi~n, excepting only such sum or sum as may lawfully be withheld in accordance with the provisions, t, said contract and contract documents. That acceptance by the co tractor of said payments made in accordance with said final esti ate shall operate and shall be a release to the Ci ty of Anaheim, .. its officers, agents and employees from all claims and liabiliti~$ due the contractor for anything done or furnished or withhel jor for anything relating to the work or any act or neglect of thCity, its officers, agents and employees, excepting only claim$ against the City for amounts withheld by the City at the time of $uch payment. AND BE IT Fq~THER RESOLVED that the Mayor be, and he is hereby, authorized tqexecute and file a notice of completion of said work as require4 by law. THE City Council FOREGOI~~ RESOLUTION is approved of the q!ty of Anahei~th MAYOR OF THE CIT the 1984. .-, CITY CLERK /fm 2946M 8/22/84 -3- ,-.. ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY or ANAHEIM ) ~ I, LEO.ORA N. SOHL, City cle1k of the City of Anaheim, do hereby certify that the foregoing Resolution NO.,84R-330 was introduced and adopted at a regular meeti~ provided by law, of ;he City Co~cil of the City of Anaheim held on, the 28th day of August, 1984, by the foUowiq.g vote of the members thereof: j AYES: COUNCIL MEMBERS: i Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: i None ABSENT: COUNCIL MEMBERS: ; None ~ AND I PUR. t~ER cer.tifY that t~e.Mayor of the City of Anaheim signed said Resolu~10n No. 84R-330 on th; 28th day of August, 1984. IN WI~SS WHEREOF, I have h4reunto set my hand and affixed the seal of the City 01 Anaheim this 28th da* of August, 1984. ~ --:7r.~ C TY CLERK OF THE CITY 0 ANAHEIM - (SEAL) I, LE . RA ~., SOHL.. , City clei',k of the City of Anaheim, do hereby certify that the fo~oiD& is the origina of Resolution No. 84R-330 duly passed and adopte4 by the Anaheim CitY,ouncil on August 28, 1984. ~~S'~ CITY CLERK {