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1973-546 RESOLUTION NO. 73R-546 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 SAl~TA ANA CANYON SOUTH RIVER TRUNK, PHASE II, AND WALNUT CANYON SEWER FROM SANTA ANA CANYON ROAD TO SOUTH RIVER TRUNK, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1312. 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 Auqust 30th and Se~tember 6th , 19 73 , a notice invit1.nq 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 Santa Ana Canyon South River Trunk, Phase II, and Walnut Canyon Sewer from Santa Ana Canyon Road to South River Trunk, in the City of Anaheim, consisting of the construction of approximately 775 L.F. of 27" V.C.P., 175 L.F. of 24" V.C.P., 340 L.F. of 18" V.C.P., 1293 L.F. of 15" V.C.P., 1 - 5' I.D. drop manhole, 6 - 5' I.D. manholes, 1 - 4' I. D. manhole', P. C. C. encasement, 12 n V. C. P. , "Breather" pipe, trench resurfacing, removal of V.C.P. and 1 manhole, and all appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 1312. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Defartm~nt. ' and the notice inviting sealed proposals, wh1.ch sa1.d not7ce specified that sealed proposals as specified in said not1.ce would be received up until 2: 00 0' clock P.M. of the 13th day of September 19 73 , and which said notice did state and declare that, ~ursuant to the provisi~ns of Secti~n 1770 of the Labor Code, the City Council of the C1.ty of Anahe1.m had ascer- tained the prevailing rate of wages for each type of l~b?r needed -- to execute said contract, and did state that the,prev81.l1.ng ~ourly wage scale so ascertained was on file in the Off1.ce of the C1ty Clerk; and -1- - WHEREAS, on September 13 , 19 73 "H the hour of _2:00 o'clock P.M. ,-ihe C1ty Clerk and the Cl~y Englneer of the CIty of Anaheim did open saJ.d sealed proposals recelved .1p to that time for the furnishing of all plant, labor, serVIces. materials and equlpment, and all utIlIties and transportatior" including power, fuel and water, and performing all work neces-- sary to construct and complete, "In a good and workmanlike manner. ln strlct accordance wIth the speclf1cations, plans and drawings therefor on f~le ~n the Office of the City Clerk of the CJty of Anaheim, the public :tmprovement herei_nabove more particula.r ~ y described and set forth, in public, ~n the City CouncIl Chamber in the City Hall, Anaheim, California, and the City Engl.neer dld tabulate the result of said sealed proposals and d.1d make a report to the City Council at its next --------- regular meetlng; and WHEREAS, the Clty Council of the City of Anaheim did, at its next ----------- regular meet~ng, held on the 18th day of Sepfe"mber , 19 73 , at the hour of 1:30 0 c.iock P.M., consider the sealed proposals submitted for furnish~ng the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determlne that the sealed proposal submitted by ROGER & DAVIES PIPELINE CONTRACTORS,' P.O. Box 1519, Ontario, California 91762 for the construct~on, ~nstallation and completion of said Santa Ana Cn n. S river r nk Phase II & Walnut Cn n. sewer from Santa Ana y ere~nabove mentIoned an escrl e , was t e lowest respons~ Ie proposal submitted therefor, and thereupon accepted said bid and did award a contract to said ROGER & DAVIES PIPELINE CONTRACTORS for furnishing all plant, labor, servlces, 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, plans and drawings, the said public improvement as specified in said not~ce inviting sealed proposals, and did author~ze 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 ROGER & DAVI~S PIPELINE CONT~~TQRS contract was du y made and entere lnto on the 25rh September , 19-21-; and which sa:ld day of - WHEREAS, the said R~GER & D~VIES PIfELINE CONTRACTORS as furn~shed al plant, labor, services, mater~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 WOakR n~p~rrmpn~ , and the contract ma e an entere ~nto w~th ~t by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and complet~on of public improvement hereinabove mentioned and described, ance with the plans and specifications and the contract duly made and entered into with said ROGER & DAVIES PIPELINE CONTRACTORS sa~d in accord- documents ; and -2- ~~, WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the prov1sions of the contr~cL and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor authorized 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 specificat10ns, 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 \,'1 tn '" held by the City at the time of such payment. AND BE IT FURTHER RESOLVED thlat 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 required by law. THE FOREGOING RESOLUTION is approved and signed by me th1s 13th day of November , 19 73 . M ATTEST: ~ M 12~~ 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-5~6 was passed and adopted at a regular meeting of the City Counc~l held on the 13th day of November , 19 73 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILHEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 13th day of November , 19~. IN WITNESS m1EREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this __13th day of November 19 73. -' ~ ~.>>~ 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-546 duly passed and adopted by the Anaheim City Council on November 13, 1973. [)--e. 'M. /~ City Clerk -,