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1982-157 RESOLUTION NO. 82R-157 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANtt, LABOR, SER- VICES, MATERIALS AND EQUIPMENT! AND ALL UTIL- ITIES AND TRANSPORTATION INCLU~ING POWER, FUEL AND WATER, AND THE PERFOR ANCE OF ALL WORK NECESSARY TO CONSTRUCT AN COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, ~O WIT: LAKEVIEW AVENUE SEWER IMPROVEMI$NT, N/O LA PALMA AVENUE, IN THE CITY OF ANAHEIM" ACCOUNT NO. 11-790-6325-E0340. WHEREAS, the City Council of tne City of Anaheim did cause to be pUblished in a newspaper of ~eneral circulation p~inted, published and circulated in the' City of Anaheim, to wit: The Anaheim Bulletin, on the 12th and 191t:h flYc,R. n-F 1I.T,."'''Am'hAr' -- , 19 81 , 4i- not ce inviting sealed p~oposals for furnishing the fOllowing: All plant, labor, services, materials and equipment, and all utilities andtransportatiom, includinR power, fuel and water, and performing all Work necessary to construct and complete in a ~ood an~ workmanlike man- ner, in strict accordance with the $pecifications, plans and drawin~s therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the fOllowing public improvement, to wit: Lakeview Avenue sewer improvement, ~rom 1302' Njo to 240' N/o La Palma Avenue, in the City of Anaheim, consisting af the construction of 10" and 8" V.C.P.~ P.C.C. manholes, encasement and all appurtenant work as shown on the plans and delineated in the specifications! on file in the office of the City Engineer, Account No. 11~790-6325-E0340, \ - ~---- in accordance with the designs, plans, p~ofiles and specifica- tions prepared by the Public Works D~~~t~nt: , and the notice inviting sealed proposals, which said notice ATT-40 -1- .. - specified that sealed proposals as specified in said notice would be received up until 2: 00 0' clo'ck P. M. of the 3rd' day of December . , 1981 , and which said notice did state and declare that, pursua~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 t~pe of labor needed to exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk, ana \olHEREAS, on the 3rd day of n~~~mhr' ,19..EU...' at the hour of 2:00 o'clock P.M., the City Cler an the City En~1neer of the City of Anaheim aid open said ~~4led proposals received up to that t1me for the furnish1ng of all plant, labor, services, materials and equipment, and all ut1l1t~es and transportation, in- clud1ng power, .fuel and water, and perfQrming all work necessary to construct and complete, in a good and workman11ke manner, in strict accordance with the specifications, pla~s and drawings therefor on file in the Office of the City Clerk of the C1ty of Anaheim. the pUblic improvement hereinabove more particularly described and set forth, in pub11c, in the City Council Chamber 1n 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 its second sUbsequent regular or a~journed re~ular meeting; and . " WHEREAS, the City Council of the Clty of Anaheim did, at its second subsequent regular or adjou~ned regular meet1ng, held on the 15th day of December , 198il , at the hour of 1: 30 o'clock P.M., consider the sealed propoSirs submitted for furn1sh- in~ the materials and performin~ the work here1nabove more part1cu- larly described and set forth, and did thereupon f1nd and determine that the sealed proposal subm1tted by C ANGING TIMES ENTERPRISES INC., 79?2 lIth Street, Buena Park, Califo nia 90621 or the construction, installation and c mpletion 0 sald Lakeview Avenue sewer im rovement, n/o La Palma Avenue, in theC1ty of Anahe1m, Account No. hereinabove mentioned and described, was the lowest responsible pr~posal submitted therefor, and thereupon accepted said bid and did award a contract to said" oontractor for furnish1n~ all plant, labOr, services, mater1als 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 im- provement 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 lIth day of January , 191!L; 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 construc- tion and completion, in a good and workmanlike manner, in strict -2- .- ..-,... 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 speci- fications prepared by the Public Works Department, and the con- tract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the ~ublic Works Executive Director has duly certified to the construction and completion of said public im- - provement 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 find~ that said contractor has completed said public improvement herein~bove more particUlarly described in accordance with the provisions of the contract and the contract documents, and that notice ~f completion should be filed and payment of the balance due sai~ 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 tran$portation, and the per- formance of all work necessary to constr~ct, install and complete in a good and workmanlike manner, in str!ct accordance with the specifications, plans and drawin~s therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appur- tenances thereto, said public improvement hereinabove more parti- cularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, never- theless, 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 sums as may lawfully be withheld in accordance with the proviSions of said contract and contract documents. That acceptance by the con- tractor 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 withheld or for anything 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- - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of Mar ch , 19 !l2..- . ATTEST: ~~~NAHEIM /fm MM_ ... 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. 82R-IS7 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 16th day of March, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 82R-IS7 on the 16th day of March, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of March, 1982. ~)~~-c..J CITY LE . OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of An~heim, do hereby certify that the foregoing is the original of Resolution No. 82R-IS7 duly passed and adapted by the Anaheim City Council on March 16, 1982. ~ ~..~~ . CITY CLERK ' ~ ..