Loading...
84R-438 ~. ~. RESOLUTION NO. 84R-438 ,....,., A RESOLU ION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INALLY ACCEPTING THE COMPLETION AND THE FURN SHING OF ALL PLANT, LABOR, SERVICES, MATERIAL AND EQUIPMENT AND ALL UTILITIES AND TRANSPOR ATION INCLUDING POWER, FUEL AND WATER, AND THE ERFORMANCE OF ALL WORK NECESSARY TO CONSTRUC AND COMPLETE THE FOLLOWING PUBLIC IMPROVEM NT, TO WIT: ASHINGTObLANE, CHALET AVENUE, EMPIRE STREET AND PALA S ROAD CONDUIT INSTALLATION, IN THE CITY OF AHEIM, ACCOUNT NO. 55-489-6340-08620- 59300. WHEREAS,ithe City Council of the City of Anaheim did cause to be PUblithed in a newspaper of general circulation, published and cir ulated in the City of Anaheim, to wit: The Anaheim Bulletin,!on the 26th day of July and the 2nd day of August, 1984, inv~ting sealed proposals for furnishing the following: All plant, la~or, services, materials and equipment, and all utilitieSland tran$.portation, including power, fuel and water, an performing all work necessary to construct and complete n a good and workmanlike manner, in strict accordance wi h the specifications, plans and drawings therefor on f Ie in the Office of the City Engineer or City Clerk oflthe City of Anaheim, the following public improvement, to wit: Conduit instatlation in Ashington Lane, Chalet Avenue, Empire Street and Palats Road, in the City of Anaheim, consisting of] the installation of 3" Sch 80 PVC conduit in the above-~amed streets in accordance with the project plans and spe ifications which are on file in the Office of the City Egineer, Account No. 55-489-6340-08620-59300, ~. in accordance wit~ the designs, plans, profiles and specifications prepared by the Ppblic Works Department, and the notice inviting sealed proposals, i which said notice specified that sealed proposals as spec~fied in said notice would be received up until 2:00 o'clock P.M.'on the 9th day of August, 1984, and which said notice did state tnd declare that, pursuant to the provisions of Section 1770 of t e Labor Code, the City Council of the City of Anaheim had ascer ained the prevailing rate of wages for each type of labor needed t~ execute 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 9th day of August, 1984, at the hour of 2:00 o'clock P.M. i the City Clerk and the City Engineer of the City of Anaheim d!d open said sealed proposals received up to that time for the furn'shing of all plant, labor, services, materials and equipment, an all utilities and transportation, including power, fuel and w~ter, and performing all work necessary to construct and com~lete, in a good and workmanlike manner, in strict accordance iwith the specifications, plans and drawings therefor on file ~n the Office of the City Clerk of the City of Anaheim, the publ~c improvement hereinabove more particularly described and set !forth, in public, in the City Council Chamber in the City Hall, An~heim, California, and the City Engineer did tabulate the resu~t of said sealed proposals and did make a report to the City Counc~l at a meeting held no later than thirty (30) days after the biqs were opened: and WHEREAS, !the City Council of the City of Anaheim did, at a subsequent regu~ar or adjourned regular meeting, held on the 21st day of Augus~, 1984, at the hour of 10:00 o'clock A.M., consider the seal~d proposals submitted for furnishing the materials and per~orming the work hereinabove more particularly described and set iforth, and did thereupon find and determine that the sealed propos~l submitted by Changing Times Enterprises, Inc., 7932 11th Street, !Buena Park, California 90620 for the construction, ins~allation and completion of said conduit installation: Pal~is Road-Ashington Lane, Chalet Avenue-Empire Street hereinabov~ mentioned and described, was the lowest responsible propodal submitted therefor, and thereupon accepted said bid and did ~ward a contract to said contractor for furnishing all pl~nt, labor, services, materials and equipment and all utilities and 'transportation, including power, fuel and water, and performing alt work necessary to construct and complete, in a good and workmanl~ke manner, in strict accordance with the specifications, ptans and drawings, the said public improvement as specified in said !notice inviting sealed proposals, and did authorize the Mayqr and the City Clerk of the City of Anaheim to execute a contrac~ for and on behalf of the City of Anaheim with said contractor, ~ich said contract was duly made and entered into on the 14th ~ay of September, 1984: and ...-... WHEREAS, ithe said contractor has furnished all plant, labor, services, ~terials and equipment and all utilities and transportation, a performed all work necessary for the construction and mpletion, in a good and workmanlike manner, in strict accordance ,with the specifications, plans and drawings of said public impro~ement as specified in the notice inviting sealed proposals and in ~e detailed designs, plans, drawings and specifications pr~ared by the Public Works Department, and the contract made and ~ntered into with said contractor by the City of Anaheim: and . WHEREAS, ithe Public Works Executive Director has duly certified to the ~nstruction and completion of said public improvement herei$bove mentioned and described, in accordance -2- ~ .......... with the plans an~ specifications and the contract documents duly made and entered ilnto with said contractor: and ."""", WHEREAS, the City Council finds that said contractor has completed said PU;iC improvement hereinabove more particularly described in acco dance with the provisions of the contract and the contract docu nts, and that notice of completion should be filed and payment 'of the balance due said contractor authorized in , J accordance wlth t~e contraot documents. NOW, THE~FORE, BE IT RESOLVED by the City Council of the City of Anaheim t1iat all plant, labor, services, materials and equipment and all iutilities and transportation, and the performance of al~ work neoessary to construct, install and complete in a goo~ and workmanlike manner, in strict accordance with the specific~tions, plans and drawings therefor on file in the Office of the iCity Clerk of the City of Anaheim, together with the appurtenances ithereto, said public improvement hereinabove more particularly idescribed and set forth, in the City of Anaheim, by said contracto~, be, and the same are hereby, accepted subject, nevertheless, to all the terms, conditions and provisions of the contract documenta, and that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and after final aqceptance of said work as evidenced by the adoption of this ~esolution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such sum or ~ums as may lawfully be withheld in accordance with the provisio~s of said contract and contract documents. That acceptance by the 'contractor of said payments made in accordance with said final e~timate shall operate and shall be a release to the City of Anahe~m, its officers, agents and employees from all claims and liabil~ties due the contractor for anything done or furnished or withijeld or for anything relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only cl~ims against the City for amounts withheld by the City at the time Qf such payment. AND BE 11 FURTHER RESOLVED that the Mayor be, and he is hereby, authorize4 to execute and file a notice of completion of said work as requ~red by law. .-""'""" -3- ~ .",,", THE FOREqOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this ~ day of Novemhp-r 1984. ",....... ~H~~ ATTEST: klm~ ANAHEIM JUf'idw - , , , ' (2992N) 10/22/84 " ~ -4-- r- ,.-., STATE OF CALIFORNIA) i COUllTY OF ORANGE ) sa. I CIn or ANAHEIM ) I I I, LEOIORA N. SOHL, City Clel.~ of the City of Anaheim, do hereby certify that the fot'.... eSO..iD&. i.e.ol.ution No. ...fIt i.-438 was introduced and adopted at a regular meetiul provided by law, of ~e City Council of the City of Anaheim held on ~ the 6& day of Noveaber, -198 ,by the following vote of the members thereof: 1 AYES: COUNCIL MEMBERS: I Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: I None ABSENT: COUNCIL MEMBERS: I None _... AND I FURTHER certify that t e Mayor of the City of "'~eim signed. s_d Resolution No. 84R-438 on th 6th day of November, 1984., IN WITlESS WHEREOF, I have h reunto set my hand and affixed the seal of the City of Anaheim this 6th day of November, 1984. ~N#t~ ?L ~~ Cln CLERK OF THE CITY OF ANAHEIM ( SEAL)' I, LE'IroRA N. SOIL, City {;Me k of the City of Anaheim, do heJ;eby certify the f~egoiD& is the or1g1 of Resolution No. 84R-438 duly passed and adopted by the Auheim City ouncil on November 6, 1984. I I that ~~ -;?{~ .. CITY CL " , ,..