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1982-457 RESOLUTION NO. ~457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER. FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOL-LOWING PUBLIC IMP ROVEr-1ENT , TO WIT: AMTRAK STATION SEWER, IN THE CITY OF ANAHEIM, ACCOUNT NO. 43-790-6325-E0410. WHEREAS, the City Council of the City of Anaheim did cause to be published 1n a newspaper of general circulation printed, published and circulated in the City of Anaheim, to wit: The_ Anaheim Bulletin. on' the 13th and 20th davs of Mav. -_ - , 19 82 , a notice invi ting sealed proposals for furnishing the following: All plant. labor. services, materials and equipment, and all utilities and "transportation, includinR power, fuel and water, and performing all work necessary to . construct and complete 1n a ~ood and workmanlike man- ner, in strict accordance with the specifications, plans and draw1n~s therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Amtrak Station sewer, in the City of Anaheim, consis-ting of the construction of an all sewer, including manholes and all other appurtenant work as shown on the plans and delineated in the specifications on file in the office of the City Engineer, Account No. 43-790-6325-E0410, in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice , ATT-40 -1- ............ .---.. ............--- ......-~~-......~- --....--.-. ~.._._. ..........."._.....,._.................~..........:lI..~_..a_:... .__..... v.~,....__...... specified that s~dled proposals as specified in said notice would be received up ~nti1 2:00 O'clo.ck P.M. of the tn" day of ~l1nf ' 19i12.., and which said notice di state and ecare 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 Clerk, and WHEREAS. on the 3rd day ot June . 19....I3.L. at the hour ot 2:00 o'clock. P.M.. the City Clerk and the C1ty~gineer ot the City otAnaheim did open said ~ealed proposals. received up to that time tor the furnishing of all plant. labor. services, materials and equipment. and all utilities and transportation. in- cluding power. ruel and water. and performing all work necessa~ to construct 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 ot Anaheim. the pUblic improvement hereinabove more particularly described and set forth. in public. in the City Council Chambe~ in the City Hall. Anaheim. California. and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Coune1l at its second subsequent re~u1ar or adjourned regular meeting; and -". " WHEREAS. the City Council of the City of Anaheim did. at its second subsequent regular or adjourned regular meeting. held on the ~5tb day of Jun~ . 19~. at the hour of 1:30 o'clock -.M.. consider the sealed proposals submitted for furnish- in~ the materials and performing the work hereinabove more particu- larly described and set torth. and did thereupon find and determine that the sealed proposal submitted by nVF. S'T'~'T'F.S PT.U~J\tr:l~. INC,. 677 Har"t n Oran ia 9266 for the eonstruet1on, installation and completion 0 said Amtrak Station sewer. in .the City of Anaheim. Account No. 11-790-6325- E0410 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. mate~lals 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 7th day of July. . 19 82; 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. 1n str1ct -2- ..............r.-......-....-.._........ ... 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Ii ............... ...........................~.......... accordance with the specifications, plans and drawings of said pUblic improvement as specified in the notice inviting sealed proposals and 1n 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, the 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 specifications and the contract documents duly made and entered into with said contractor; and WHEREAS, the City Council finds that said contractor has completed said pUblic improvement hereinabove more particularly described in accordance 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 1n accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and complete in a good and workmanlike manner, 1n strict accordance with the specifications, plans and draw1n~s 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, 1n 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 O~ ru~nished or withheld or tor 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 1s hereby, authorized to execute and file a notice of completion of said work as required by law. -3- ...~". .....~:~....~~.. I~."'~:"""r_." ...~... ............._._......._. .............._. ..~...........J........,.,,:. :.......c-.:.~............._~.........~..~.............~~......... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-457 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of September, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R-457 on the 14th day of September, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of September, 1982. ~1-JJ)~~ CITY CL K OF THE CITY -ANAHEIM ( SEAL ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-457 duly passed and adopted by the Anaheim City Council on September 14, 1982. ~ J~~~L~ CITY CLERK ........,..._..". 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