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78-754 ...-... ~ ..~ RESOLUTION NO. 78R-754 A RESOLUTIOn OF THE CITY COLJHCTL OF TilE CITY OF ANAI1EH~ 1" I NALLY ACCEPTING TIlE '~m1PLETION AND THE FURt;[SHING OF ALL PLANT LAHOR, SER- VICES, HATE~lALS AND EQUIPMENT f\.ID ,\LL UTILI- TIE. SAND TRi f.'~SPORTATt. ON INCLUDJl'I(, POWER, FUEL AND WATER, . ~m THE P~RFOIU1ANCE OF ALL WORK NECESSARY T . ~ONSTRUCT AND COMPl~1'[ THE FOLLOW- ING PUBLIC tiPfWVEMENT. TO WIT: ORANGEWOOD ;VENUE SEWER IMPROVEMENT, HARBOR BOULEVARD T. . WEST STREET, IN THE CITY OF ANAHEIM, ACQUNT NO. 11-790-6325-0020. WHEREAS. th~City Co~ncil of the City 0f Ananci~ did cause to be publishej4 in a newspaper of general circulat icon, printed, pub!i8~ed Bfld c~rculated in the City of Anaheim, to wit: The Ana~e~rn B~llet~n, on the 1st and 8th dal!-of June ____ _ _' ~______, 1978__, a notice invitingse-aled--- ~'l"oposals tor furnisJiinp.; the forlowing: .~. . All plant, labor:. sf'l"vices, 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 ~ne specifications, plans'and drawings therefor on file' in the Office of the City Engineer or City Clerk of th~ City of Anaheim, the following public improvement, to wit: Orangewood Aven~. sewer improvement, from Harbor Boule- vard to West St~et, consisting of the construction of 2475 L.F. of 15 .. V.C.P. sewer including manholes, connec- tion of laterals and all other work as shown on the plans and delineated ~ the specifications on file in the Office of the City Eng~eer, Account No. 11-790-6325-0020, ~. \ in accordance with t~ie designs, plans, profiles and specifica- tions prepared by t. PUb11c,Works Department , and the notice invit ',t1g sealed proposals, whi"ch- said notice-- -1- ATTV-40 I ~ ,"'" ~ '.-...... specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 22nd day of June. ,19~8, and which said notice did . state and declare t~at, pur~t to the provisions of Section 1770 of the Labor C~de, the City Council of the City of Anaheim had ascertained theiprevailing rate of wages for each type of labor needed to exeqUte said contract, and did state that the prevailing hourly w~ge scale so ascertained was on file in the Office of the City dlerk; and WHEREAS, on, June a2 , 1978 , at the hour of 0 I clock P. t-f.., the Ci!ty Clerk and the City Engineer of the City of Anahel:Lm did open said sealed proposals received up to that time for ~he furnishing of all plant, labor, services, materials and equipn+:mt, and all utilities and transportation, including power, fue!1 and water, and performing all work necessary to construct and co~lete, in a good and workmanlike manner, in strict accordance wi~h the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public ~mprovement hereinabove more particularly described and set forth, in public, in the City Council Chamber in the City Hall, Anfiheim, California, and the' City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its :xDIBOIb.xxxxxxxxxxx regular meeting; and second subsequent WHER~EAS the_, City Council of the City of Anah,eim did, at itsSftit ' ' tregular meeting, held on the 11th day of Ju1:y ,T' 9 _78 , at the hour ofl:30 o'clock P.M., consider the sealed proposaIs submitted for furnishing the materials and perforfing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed prop~sal submitted by PETER C. DAVID COMPANY. 264 or t e constructionj insta at on and comp etion 0 sai Oran ewood Avenue se' er improvement, Harbor Blvd. to West street, in the Cit~ of Anahe~. Account No. 1 -790-6325-0020. hereinabove mentioned and described, was the l~west responsible proposal submitted there- for, and thereupon aqcepted said bid and did award a contract to said contractor f~r furnishing all plant, labor, services, materials and equipm~nt and all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct an4 complete, in a good and workmanlike man- ner, in strict accorqance with the specifications, plans and drawings, the said p~blic improvement as specified in said notice inviting seal~d 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 13th day of July , 19 78 ; and WHEREAS, the .said contractor has furnished all plant, labor, services, mat~ials and equipment and all utilities and transportation, and Herformed all work necessary for the con- struction and compledion, in a good and workmanlike manner, in ~'.~.., -2- II ~ ~ "'~! strict accordance Wi~, the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and'ln the d~tailed designs, plans, drawings ana specifications p*.epared by the Public Works DeDa~tmen~ , and the contract ma e an entered into with sa~d contractor by the City of Anaheim; and WHEREAS, tije has dUly certified tq t e con truct10n an comp et10n 0 sa1 public improvement h~~einabove mentioned and described, in accordance with the n~ans and specifications and the contract documents duly made ~nd entered into with said contractor; and WHEREAS, t~e City Council finds that said contractor has completed said P,.bliC improvement hereinabove more particu- larly described in aoordance with the provisions of the con- tract and the contra t documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accord~ce with the contract documents. ~, NOW, THERE~RE, 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 ~ecessary to construct, install and com- plete in a good and wPrkmanlike manner, in strict accordance with the specificatiotJs, plans and drawings therefor on file in the Office of the CitV Clerk of the City of Anaheim, together with the appurtenancejs thereto, said public improvement herein- above more particula~y described and set forth, in the City of Anaheim, by said con~actor, be, and the same are hereby, accepted subject, neverthelessl, to all the terms, conditions and provi- sions of the contract'documents, and that the balance due said contractor for said wprk be paid to said contractor thirty-five '(35) days from and af~r final acceptance of said work as evi- denced by the adoptio~ of this resolution, but not sooner than thirty (30) days afte~ the date of the filing of notice of com- pletion, excepting on~y such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. ~hat acceptance by the contractor of said payments made in accotdance with said final estimate shall op~r- ate and shall be a re~ease to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything 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, authorizedito execute and file a notice of completion of said work as requited by law. -3- ATT-40 I I ,...... ~, THE FORE!OING RESOLUTION is approved and adopted by the City Counci ., of the City of Anaheim this 21st day of November . 11~. /~, ATTEST: /fm -~ , I, ".,.... /-. , STATE OF CALIFORN~ ) CO~, if OlANqE ) CI'1'Y~ ~." ) ss! I I, LINDA D. ROBERts, City ~~erk of th~ City of Anaheim, do hereby certify that the f,ore1oing Resolution N1',~ 78R-754 ~,as introduced and adopted at '8 regular meeting provided by law, o. I the City Council of the City of Anaheim held on the 21st day of November, 978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, faywood, 'Kott;- ioth and SeymQJIt',_ NOES: COUNCIL MEMBERS: 'one ABSEIfT: COUNCIL MEMBERS: $one AND I FURTIlER CERTIFY that; *he Mayor of the City of Anaheim signed said Resolution No. 78R-754 on ,.e 21st day of November, 1978. IN WITNESS WHEREOF, I have " .ereunto set my hand and affixed the seal of the City of Anaheim this 21st '$y of Nove1Jl,ber, 1978. ~.4I...I ~~1.77; CITY ' BIt OF THE CITY F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City CJerk of the City of Anaheim, do hereby certify that the foregoing is the origihfl of Resolution No. 78R-754 duly passed and adopted by the Anaheim City Council on Novem~r 21, 1978. ~~,~ '~.I77: CITY CLERK h } ~ if