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1973-586 ,,^~, RESOLUTION NO. 73R-S86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, ~~TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND \'lATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:' THE ORANGEWOOD AVENUE STORM DRAIN IMPROVEMENT FROM APPROXIMATELY 1531 FEET EAST OF TO APPROXI- MATELY 986 FEET EAST OF WEST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 69S-A. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 26th dar of July, and the 2nd day of August , 19 73 , a not~ce inviting sealed proposals for furnishing the following: 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Orangewood Avenue storm drain improvement from approxi- mately 1531 feet east of to approximately 986 feet east of West Street, in the City of Anaheim, consisting of the con- struction of 36", 30", 27", and 21" R.C.P., manhole, catch basins, trench resurfacing and appurtenant work as more . particularly shown on the plans and as delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 695-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works pp.p~r*~pnr. . ' and the notice inviting sealed proposa s, w ~ch sa~d not~ce specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock ~.M. o~ the. qrn day of Au ust 1973 , and which sa~d not~ce d~d state and declare that, pursuant to the provisi~ns of secti~n 1770 of the Labor Code, the City Council of the c~ty of Anahe~m had ascer- tained the prevailing rate of wages for each type of l~bor needed ,-- to execute said contract, and did state that the.preva1ling ~ourly wage scale so ascertained was on file in the Off1ce of the C1ty Clerki and -1- ,.........-.. ~HEREAS, on __ August 9 ",:L 9 73 , ,H the hour of _ ?: 00 _ 0 clock P. M" the CIty Clerk and t.he Cl t.y Engl neer of. the Cl ty of Anahei m dl"d open sa1.d sealed proposa is rece". ved up to that tIme for t"he furnishing of all plant, labor, serVl ces. materials and equIpment, and all utlll ties and transportat lor" including power, fuel and water, and performing all work neces.- sary to construct and complete, "In a good and workmanlike manner. 1n strIct accordance wIth the speclfl.cations, plans and drawings therefor on fl.le 1.n the Office of the Ci ty Clerk of the Cl t"y of Anahel.m, the public :tmprovement here1.nabove more particul;:u' "y described and set forth, in public, in the C~ty CouncIl Chamber in the City Hall, Anaheim, California, and the City Engl.neer d1d tabu lat.e the result of said sealed Froposals and d.t d make a report to the City Council at its next - - - - - - regular meetl.ng; and WHEREAS, the C1.ty Council of the City of Anaheim did, at .1 ts next - - - - - - regular rneetl.ng, held on the 14th day of ~1i?l11~ ' 19...23"':......J at the hour of 1: 3 0 0 clock P.M., consi e t e sealed proposals submitted for furnishl.ng 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 STANICH COMPANY, P. O. Box 1246, Whittier, California 90609 for the construction, l.nstallation and completion of said Orangewood Ave. storm drain improvement from approx. 1531 ft. E of to approx. 986 ft. E of West St. Anaheim W.ONo 695- hereinabove mentIoned and escrl. ed, was the lowest responsi ....e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said STANICH COMPANY for furnishing all plant, labor, servl.ces, materials and equipment and all utilities and transpor- tation, 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, pl.ans and drawi.ngs, the said public improvement as specified in said notl.ce invl.ting sealed proposals, and did authorlze 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 STANICH COMPANY which Sdl,d 16th day of contract was duly made and entered lnto on the August , 191.L; and STAMmen CIDMPANY has furnished all plant, labor~ serVlces, materl.als and equipment and all utilities and trans- portation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strlct 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 W~rks Depar~ent , and the contract ma e and entered lnto wlth it y the City of Anaheim; and WHEREAS, the said - WHEREAS, the Director of Public Works has duly certified to the construction and complet1on of sald public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said STANICH COMPANY ; and -2- -- . /~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particIJ"- larly described in accordance with the prov1sions of the contracl and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor author~zed in 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 performance of all work necessary to construct, install and com- plete, 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 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 provisions of the contract documents, and that the balance due said con- tractor for said work be paid to it 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 contractor of said payments made in accord" ance 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 withheld or for anything relating to the work or any act or neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for amounts v'"j L'n n held by the City at the time of such payment. AND BE IT FURTHER RESOLVED b'tlat the Hayor and the C1ty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as requ1red by law. THE FOREGOING RESOLUTION is approved and signed by me thIS 18th day of December, 19~. ATTEST: XL )do jO~ CITY CLERK OF THE CITY OF ANAHEIM ,~ -3- - -.. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~ I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-586 was passed and adopted at a regular meeting of the City Council held on the 18th day of December , 19 73 , by the following vote of the members thereof: --- AYES: COUNCILMEN: NOES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 18th day of December , 19 ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of December , 19 -23.- · ~ M- j)~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-586 duly passed and adopted by the Anaheim City Council on December 18, 1973. 1L- )J( j)~ City Clerk ~'"