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80R-033 ('. ............ ~ RESOLUTION NO. 80R-33 A RESOLUT~ON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FQRNISHING OF ALL PLANT, LABOR, SER- VICES, MA$RIALS AND EQUIPMENT AND ALL UTIL- ITIES AND ~RANSPORTATION INCLUDING POWER, FUEL AND ~TER, AND THE PERFORMANCE OF ALL WORK NECE . ARY TO CONSTRUCT AND COMPLETE THE FOLLOWING: UBLIC IMPROVEMENT, TO WIT: COMMUNITY iDEVELOPMBNT BLOCK GRANT PROGRAM ARE AWIDE ~ATER SYS1EM. -. PROJECT AREA IV - MAIN REPL CEMENT PROJECT, ACCOUNT NO. 25-606-63 0-25140-34320; WHEREAS, t~e City Council of the City of Anaheim did cause to be pUblishe in a newspaper of general circulation printed, published a d circulated in the City of Anaheim, to wit: The Anaheim Bulletin~ on the 8t~ anp 15th ~~s ot Febru~ry , 19~, a notice inviting sealed proposals for furnisblng the follow~: All plant, labor, services, materials and equipment, and all utiliti~s and transportation, including power, fuel and water,iand performing all work necessary to construct and c~mplete in a good and workmanlike man- ner, in strict ~ccordance with the specifications, plans and drawi~gs therefor on file in the Office of the City Engine~r or City Clerk of the City of Anaheim, the following p~blic improvement, to wit: Community Deve~... pment Block Grant Program Areawide Water System - Projec . Area IV - Main Replacement Project, in the City of An .eim, consisting of the replacement of approximately 1 70 feet of 4" cast iron pipe with 8" cast iron pipe, inst llation of new valves and fire hydrants, installation of! new service laterals, and other related work necessary to complete the contract as shown on City of Anaheim, Wat~r Engineering Division, Plan W-2336, sheets 1 throu~ 7, and as further described in the specifications pn file in the Office of the City Engineer, Account No. 25-~06-6340-25140-34320, i"--" \, in accordance with tije designs, plans, profiles and specifica- tions prepared by ~ Puh]i~ Works Q~partmpnr , and the notice inv!t1i'g sealed proposals, which said notice -1- -, .--. ....-..., ,-.. ~ ..-, ~ ........... specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.H. of the llL.._ day of March. ,1979 ,and which said noticeaid state and declare th.t, pursuant to the provisions of Section 1770 of the Labor r.o~e, the City Council of the City of Anaheim had ascertained the prevailing rate of WAgCS for each type of labor needed to execute said contract, and did state that the prevailing hourly waf'e scale so ascertained was on file in the Office of the City r. erk; and WHEREAS, on i ~rc~.J ' 19.1..9..-, at t~ehour of ~ o'clock P.M~, t e 1ty Clerk and t~eCity Eng1neer of the-c-ity of Anahe~m did op~n said sea 1 ed proposals recei v(~d up to that time for dhe furnishing of all plant, labor, services, materials and equipm~nt, and all utilities and transportation, including power, fue1 and water, and .performing all work necc!ssarv to construct and com~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 ~provement hereinabove more particularly described and set fo~th, in public, in the City Council Chamber in the City Hall, An~eim, California, and the. City Engineer did tabulate the result df said sealed proposals and did make a report to the City Council ~t its ...ix~xxxgxxxxx regular meeting; and seoona su sequent WHEREAS the.' i ty Council of the City of Anaheim did, at itss'ljliyiV~i;iY tregular meeting, held on the --1..1tb day of March ,::979 ,at the hour of 1:30 orcTOCk P.M., consider the sealed p~opo$als submitted for furnishing the materials and perfor~ng the wDrk hereinabove more particularly described and set for~h, and did thereupon find and determine that the sealed propo$al submitted by ACE PIPELINE CONSTRTTCTTON.,.. lNC -, 1312 W~~t Fi rst, Str~~t.. porno"",., C",.l i f~rn i",. Qf 766 . for the construction, insta ration and comp etion 0 said ~~:i~~~t~~~:V~~O~r~t~~~~~e;~:~tp;~~~~~ :~~~~~~eN~:t~~_:~~~~;40_ :5140-:4320 hereinabove mentioned and described, was the lowest responsible proposal submitted there- for, and thereupon ac~epted said bid and did award a contract to said contractor fot 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 accord4nce with the specifications, plans and drawings, the said pu~lic 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 ~he City of Anaheim with said contractor, which said contract w~s duly made and entered into on the 19th day of March , 19~; and WHEREAS, the ~aid contractor bas furnished all plant, labor; services, mate~ials and equipment and all utilities and transportation, and p~rformed all work necessary for the con- struction and complet~n, in a good and workmanlike manner, in -2- ATT......O L I ~ ,- ""-.., I strict accordance wi~ the specifications, plans and drawings of said public impro~~ent as specified in the notice inviting sealed proposals and :in the detailed designs, plans, drawings and specifications pz!epared by Th~ 'P1:f'"\i; Wi"\rlt-C! T'\9f~rtcY:~At ,an t e contrac ma e and entered into with sa~d contractor by the City of Anaheim; and WHEREAS, tQe Public Works Executive Director has duly certified tq the construction and completion of said public improvement h~einabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said contractor; and WHEREAS, th~ City Council finds that said contractor has completed said p~lic improvement hereinabove more particu- larly described in acpordance with the provisions of the con- tract and the contracit documents, and that notice of completion should be filed and p~yment of the balance due said contractor authorized in accordance with the contract documents. "~"'" NOW, THEREFPRE, BE IT RESOLVED by the City Council of the City of Anaheim ~at all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all work ~ecessary to construct, install and com- plete in a good and wbrkmanlike 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 appurtenance. 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 be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accotdance with said final estimate shall op~r- 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 ~ployees, 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 requi~ed by law. -3- ATT -40 ,.- r - THE ~ORaoOING RESOLUTION is approved and adonted by the City Counc1!1 of the City of Anaheim this ? ?ud day of' January , 198 o. .,~ ATTEST: /fm c.......-....., 1 i I .,....... .,-.,\ \ " STA'l'I OP CALIFORNIA ) COUlftY OF OIANCE ) ss~ CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City ~~erk of tbe City of Anaheim, do hereby certify that the foregoing Resolution N~~ 80R-33 ~as introduced and adopted at a regular meeting provided by law, of' the CityCouncll of the. ((ity of Anaheim held on the 22nd day of January, 19~30, by th~ fo11o~in8 vote of the members thereo f : 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. 80R-33 on th~ 22nd day of January, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd a~y of January, 1980. ~j~J.&~ CI TY C " R1C OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City C~erk of the City of Anaheim, do hereby certify that the foregoing is the origi~~l of Resolution No. 80R-33 duly passed and adopted by the Anaheim City Council'on January 22,1980. ~.~~~~ Cm CLERK ) I