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84R-368 ,.-.." ~ RESOLUTION NO. ....-... A RESOLUTIO ANAHEIM FIN THE FURNISH MATERIALS TRANSPORTAT AND THE PER CONSTRUCT IMPROVEMENT 84R-368 OF THE CITY COUNCIL OF THE CITY OF LY ACCEPTING THE COMPLETION AND NG OF ALL PLANT, LABOR, SERVICES, EQUIPMENT AND ALL UTILITIES AND ON INCLUDING POWER, FUEL AND WATER, ORMANCE OF ALL WORK NECESSARY TO D COMPLETE THE FOLLOWING PUBLIC TO WIT: NEW PRESSURi REGULATING STATION 19, IN THE CITY OF ANAHEIM, TACCOUNT NO. 53-611-6329-17290-34360. WHEREAS, tht City Council of the City of Anaheim did cause to be publishe in a newspaper of general circulation, published and circul ted in the City of Anaheim, to wit: The Anaheim Bulletin, on!the 12th and 19th days of May, 1983, inviting sealed proposals for I furnishing the following: All plant, labor~' services, materials and equipment, and all utilities an transportation, including power, fuel and water, and p rforming all work necessary to construct and complete in good and workmanlike manner, in strict accordance with he specifications, plans and drawings therefor on fileiin the Office of the City Engineer or City Clerk of th~ City of Anaheim, the following public improvement, to ~it: New Pressure Reg:lating Station 19, in the City of Anaheim, consist Dg of the abandonment of the existing pressure regulat ng station and the construction of a new pressure regulat ng station 19 and all appurtenant work at Ball Road, ap roximately 200 feet east of West Street, in accordance wi h the plans and delineated in the specifications 0; file in the office of the City Engineer, Accoun. No. 53-611-6329-17290-34360, ..-.. in accordance with tI'e designs, plans, profiles and specifications prepared by the Publ c Works Department, and the notice inviting sealed proposals, wh ch said notice specified that sealed proposals as specifi d in said notice would be received up until 2:00 o'clock P.M. onithe 2nd day of June, 1983, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the tabor Code, the City Council of the City of Anaheim had ascertai~ed the prevailing rate of wages for each type of labor needed to eiecute said contract, and did state that the prevailing hourly wa e scale so ascertained was on file in the Office of the City Cerki and r ---, .-., WHEREAS, on the 2nd day of June, 1983, at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials 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 therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in public, in the City Council Chamber 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 Council at a meeting held no later than thirty (30) days after the bids were openedi and WHEREAS, th. City Council of the City of Anaheim did, at a subsequent regular or adjourned regular meeting, held on the 14th day of June, 19$3, at the hour of 10:00 o'clock A.M., consider the sealed proposals submitted for furnishing the materials and perfor$ing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by MACCO CONSTRUCTORS, INC., 14409 South Paramount Boulevard, Post Office Box 257, Paramount, California 90723 for the construction, installation and completion of said new Pressure Regulating Station 19, in the City of Anaheim, Account No. 53-611-6329-17290-34360 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, materials 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 improvement 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 18th day of July, 1983; 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 construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings and specifications prepared by the Public Works Department, and the contract made and entered into with said contractor by the City of Anaheimi and WHEREAS, th~ Public Works Executive Director has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said contractori and -2- .""'"" .-., .-.' 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 in accordance with the ~ontract 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 utllities and transportation, and the performance of all work necessary to construct, install 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 of Anaheim, together with the appurtenances th~~eto, said public improvement hereinabove more particularly de~cribed and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, nevertheless, 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 sum~ as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor 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 or furnished or withhelt:l or for anything relating 'to the work or any act or neglect of th~ 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, authorized to execute and file a notice of completion of said work as requireB by law. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of September, 1984. ,~ ATTEST: ~~../}t ~ - CITY CLERK OF THE C . Y OF ANAHEIM /fm 3044M 9/12/84 -3- ".,... ..-... STATE QF CALIFORNIA ) COUITYOFOJANGE ) SSe CITY OF ANAHEIM ) I, LEO.ORA N. SOHL, City cle1~ of the C~ty of Anaheim, do hereby certify that the foregoing Resolution No. \84R-368 wa. introduced and adopted at a regular meeting provided by law, of .he City CoUncil of the City of Anaheim held on the 18th day of September, 1~84, by the.. following vote of the members thereof: '1 j NOES: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth COUNCIL MEMBERS:! None f COUNCIL MEMBERS: i Kaywood i AYES: ABSENT: AND I FURTHER certify .that t~, Mayor of the City of Anaheim sign~d said Resolution No. 84R-368 on'th; 18th day of September, 1984. IN WIntESS WHEREOF, I have h+Jeunto set my hand and affixed the seal of the City of Anaheim thie 18th dar of September, 1984. CIT~~~~ ( BE&!.) I, ~LE. 01. ORA N. SOHL ,. City clei. k of the City of Anaheim, do h.e. re.1:>Y certify that the fo,egoing is the origina of Resolution No. 84R-368 duly passed and adopted by th~ Anaheim City ,uncil on September 18, 1984. . i ~/(.~. Cln CLERK '. , I