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80R-043 ,...... . I ,.-.", RESOLUTION NO. 80R-43 "--- A RESOLUT ON OF THE CITY COUNCIL OF THE CITY OF ANAHEI FINALLY ACCEPTING THE COMPLETION AND THE F RNISHING OF ALL PLANT, LABOR, SER- VICES, MA ERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND ATER, AND THE PERFORMANCE OF ALL WORK NECE ARY TO CONSTRUCT AND COMPLETE THE FOLLOWINGiPUBLIC IMPROVEMENT, TO WIT: COMMUNITY~EVELOPMENT BLOCK GRANT PROGRAM AREAWIDE W TER SYSTEM - PROJECT AREA IV _ MAIN RELINNG PROJECT, ACCOUNT NO. 25-606-634 -25150-34300, WHEREAS, t~e City Council of the City of Anaheim did cause to be publishe in a newspaper of general circulation printed, published a d circulated in the City of Anaheim, to wit: The Anaheim Bulletin~ on the 8th and 15th days of Febru~ry i , 19 79, a notice inviting sealed proposals for furnis~ing the fOllowing: All plant, labor, services, materials and equipment, and all utiliti~s and transportation, including power, fuel and water,1and performing all work necessary to construct and C~.i. mplete in a good and workmanlike man- ner, in strict . ccordance with the specifications, plans and drawi gs therefor on file in the Office of the City Engine r or City Clerk of the City of Anaheim, the fOllowing p~blic improvement, to wit: t~ Community Devel,pment Block Grant Program Areawide Water System - Projec~ Area IV - Main Relining Project, in the City of Anaheim. consisting of furnishing all labor, material, equip~ent, and services necessary for, or appurtenant to, icleaning and cement-mortar lining, in place, existing!4, 6, 8, 12, and 16-inch diameter cast iron water rnain$. Included is the installation, maintenance, anq removal of temporary bypass lines to maintain contin~ous service to City of Anaheim water customers. All :work is shown on City of Anaheim, Water Engineering Div!sion, Plan W-2339, sheets 1 through 7, and as further qescribed in the specifications on file in the Office ot the City Engineer, Account No. 25-606-6340-25150-34300, in accordance with t~e designs, plans, profiles and specifica- tions prepared by .....t.bIe 'Pnhl if'" Works:: n~~rTml:'nT and the notice invit~rig sealed proposa s, which said notice , -1- ,.,-.. .-, ~. -. specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 1st dav of , 19 79 , and which said notice did state anc ~c are tl t, pursuant to the provisions of Section 1770 of the Labor Coe, the City Council of the City of Anaheim had ascertained the ~revailing rate of wages for each type of labor needed to exec~te said contract, and did state that the prevailing hourly wate scale so ascertained was on file in the Office of the City Cterk; and WHEREAS, on, March 1 , 19 79 , at the hour of 2:00 o'clock P.MJ, the City Clerk and t1,.e City Engineer of the City of Anaheim did open said sealed proposals received up to that time for ~he furnishing of all plant, labor, services, materials and equipm~nt, and all utilities and transportation, including power, fue~ and water, and performing all work necessary to construct and comnlete, in a good and workmanlike manner, in strict accordance wi~h the specifications, plans and drawings therefor on file in dhe Office of the City Clerk of the City of Anaheim, the public ~mprovement hereinabove more particularly described and set fo~th, in public, in the City Council Chamber in the City Hall, An~heim, California, and the' City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council ~t its RRXKXaXXXXxxxxx regular meeting; and secon subsequent WHEREAS, the,.City Council of the City of Anaheim did, at itsS't'iixIV2iii}l . tregular meeting, held on the t3ih day of Mar~h , 1 9 ~, at the hour of 1 :30 0 cock P.M. , consider t e sealed p~oposars submitted for furnishing the materials and perfor~ng the work hereinabove more particularly described and set for~h, and did thereupon find and determine that the sealed propo~al submitted by SPINIELLO CONSTRUCTION or the construction, instal ation and comple~ion 0 said Commnn j ty J)pvp-l opm~ntl Block Grant proQr~m arp-awidp- ~at;r ~~Rb:om- Proje~t Area IV - maip relining project. Account No. 2J-6u_-6:4Q- ~5150-34:00 .~ hereinabove mentione and described, was the lowest responsible proposal sub~itted there- for, and thereupon actepted said bid and did award a contract to said contractor fot furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete, in a good and workmanlike man- ner, in strict accord_nee with the specifications, plans and drawings, the said pu~lic improvement as specified in said notice inviting seale& 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 15th day of March , 19~; and WHEREAS, the ~aid contractor has furnished all plant, labor, services, mate~ials and equipment and all utilities and transportation, and pqrformed all work necessary for the con- struction and complet~on, in a good and workmanlike manner, in -2- ATT-40 /] ,..-.. -. strict accordance wifh the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals andiin the detailed designs, plans, drawings and specifications p~epared by the Public Works Depar~ment . , and the contract ma e and entered into with sajd contractor by the City of Anaheim1 and WHEREAS, t~e Public Works Executive Dirfctor has duly certified tQ the construction and complet on of said public improvement h~reinabove mentioned and described, in accordance with the glans and specifications and the contract documents duly made 4nd entered into with said contractor1 and WHEREAS, t~e City Council finds that said contractor has completed said p4blic improvement hereinabove more particu- larly described in aqcordance with the provisions of the con- tract and the contraqt documents, and that notice of completion should be filed and ~.ayment of the balance due said contractor authorized in accord~nce with the contract documents. .~~ NOW, THEREBORE,\ BE IT RESOLVED by the City Council of the City of Anaheim ~at all plant, labor, services, materials and equipment and al~ utilities and transportation, and the per- formance of all work inecessary to construct, install and com- pletein a good and ~orkmanlike manner, in strict accordance with the specificati~ns, plans and drawings therefor on file in the Office of the Ci~y Clerk of the City of Anaheim, together with the appurtenanc~s thereto, said public improvement herein- above more particula~ly described and set forth, in the City of Anaheim, by said con~ractor, be, and the same are hereby, accepted subject, nevertheles~, to all the terms, conditions and provi- sions of the contrac~ documents, and that the balance due said contractor for said work be paid to said contractor thirty-five '(35) days from and a~ter final acceptance of said work as evi- denced by the adopti~n of this resolution, but not sooner than thirty (30) days aft~r the date of the filing of notice of com- pletion, excepting o~ly such sum or sums as may lawfully be withheld in accordanqe with the provisions of said contract and contract documents. 'That acceptance by the contractor of said payments made in acc~rdance with said final estimate shall op~r- ate and shall be a r~lease to the City of Anaheim, its officers, agent.s and employees from all claims and liabilities due the contractor for anyth~ng done or furnished or withheld or for any- thing 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 FPRTHER RESOLVED that the Mayor be, and he is hereby, authorize~ to execute and file a notice of completion of said work as requ~ed by law. -3- ATT -40 T ,'-'" .. .,.,- THE H'OR~GOING RESOLUTION is approved and adoDted by the City Counc1j1 of the City of Anaheim this lli.b.. d~y of' J~nuarv , '19 80. ,~ ATTEST: /fm ,--..,. / r-.. .~ ... t STA'IE ot, ~~lUlIA) I ro~ &' <ftWCE ) S;.' CITY OF ANlJiEIM ) I, LINDA D. ROBERTS, CitYiiClerk of the. C.it.YOf Ana. he. im.., do he.re...bY..certi. fy that the foregoing Resolution .. 80R-43 was introduceq and adopted at a regular meeting provided by law, f the City Council of t:1\eCity of A.naheim held on the 29th day of January, 980, by th. following vote -~f the 1il....,ersth. e-reof: ,. " . AYES: COUNCIL MEMBERS: Overho 1 t, Kaywood, Bay, Ro th and Seymour NOES: COUNCIL MEMBERS: None ABSDlT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY thatl the Mayor of the City of Anaheim signed said Resolution No. 80R-43 on ~e 29th day of January, 1980. IN WITNESS WHEREOF, I haV,.hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of January, 1980. ~)~~ CITY.' 0", 'tilE C OFANAHEIM (SEAL) I, LINDA D. ROBERTS, CitY~C1erk of the City of Anaheim, do hereby certify that the J. orego~ng -is the ori8.na1 of Resolution No. 80R-43 duly passed and adopted by the Anaheim City Counc 1 on January 29, 1980. ~~~~ ..' cm CLERK I. ~ ) / )