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78-146RESOLUTION i~IO. 7gR-146 A RESOLI1TIOi± ~~F THE CITY CO[liJ(;IL ()F' THE CITY OF ANAEIEI?~1 I~' I PALLY ACCEPTING TIIE ';OtTPLETION AP3D TI:iE Fi'2':TSI-ZING OF ALL PLANT. i,AI~OR, SER- ~""- VICES , I`IA~I'E[;IALS AJD EQUIPMEIIT ~~:~D ALI_. UTILI- TIES AND TRAiJSPORTATIOi~t IivCLUD.[i~i(; I'(1WErZ, FUEL AND WATER , Ai1D THE PERFORi'IAiJCE O[~ ALL WORK NECESSARY TO COIJSTRUCT Ar1D COMPLT~:i'E T)-iE FOLLOW- IIIG PUBLIC Ii!;I'RC~Vi:MENT, TO WIT: SANTA FE-ANAHEIM INDUSTRIAL PARK STORM DRAIN, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 10-43og-726-16-ogo5 & 11-43og-72o-16-4004. WHEREAS, the City Council of the City of Anancim slid cause to be Published in a newspaper of general circulati.c~n, printed, pubi.shed and circulated in the City of Anaheim,. to wit : The Ana:leim Bulletin, on _~~ 4th ~~ 7~1th ~~~f __ _ ______, la Z, a notice invitin sealed Ar posy s~or furnishing the fo~lowing: g All plant, labor, services, materials and equipment, and all ut-i.lities and `ransportation, including power, fuel and water, and performing all wort: necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawin¢s therefor ~~n file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit.: Santa Fe-Anaheim Industrial Park storm drain, in the City of Anaheim, consisting of the construction of a storm drain system consisting of approximately 3450 L.F, of go" through 39" R.C.P. storm drain including RCP laterals; P.C.C. structures, catch basins, 6", 8" and 10" V.C.P. sewer construction, manholes and all appurtenant work in accordance with the project plans and specifications on file in the Office of the City Engineer, Account Nos. 10-43og-726-16-ogo5 & 11-43og-720-16-4004. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department_ ___, and the notice inviting sea ed proposals, which said notice -1- ATTY-40 specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the _~~_ day of Au ust 19 77 and which said notice did state and ec are teat, 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 execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Cleric; and WIiEREAS, on August 25 19 77 at the hour of 2100 o'clock P.M., the City C erk 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 Cler'~c 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 dicl tabulate the result of said sealed proposals and did make a report to the City Council at its ~~ regular meeting; and secon s sequent WHEREAS, the City Council of the City of Anaheim did, at its ~~~ subsequen~egular meeting, held on the 6th day of ~Se_~tember 19 77 at the hour of 1:30 o clock P.M., consi~-the se~e~ proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by BEBEK COMPANY. 16706 - W as Irv' a 'f 27 or the construction, installation and completion o said Santa Tie-Anaheim Industrial Park storm drain,, in the city^°f - AnaheiIIL, AccoLnt I~os 10 4'09 726 16 0905 and 11-4309-720-16-4004, hereinabove mentioned and described, was the lowest responsible proposal submitted there- for, 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 neces- sary to construct and complete, in a good and workmanlike man- ner, 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 _ 16th day of Q ~tP h r 19~Z; 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 con- struction and completion, in a good and workmanlike manner, in -2- 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 P ~n the contract ma a and entere into with said contractor by the City of Anaheim; and WHEREAS, the Director of Public Works 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 contractor; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract 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 contract documents. NOW, TfiEREFORE, 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 com- plete in a good and worY.manlil:e 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 thereto, said public improvement herein- above more particularly described 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 provi- sions 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 evi- denced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of com- pletion, excepting only such sum or sums as may lawfully re 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 oper- ate 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 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 FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute and file a notice of completion of said work as required by law. -3- ATT-40 THE FOREGOING by the City Council of February 197 8 ATTEST: RESOLUTION is approved and adopted the City of Anaheim this 28th day of ,~. ~ ~.. ~I f" MA T I F AH IM ~ I "~ fi /fm 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. 78R-146 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of February, 1978, by the following vote of the members thereof AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-146 on the 28th day of February, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of February, 1978. CITY CLE OF THE ~CITY"~OF 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. 78R-146 duly passed and adopted by the Anaheim City Council on February 28, 1978. CITY CLERK--~