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87-401RESOLUTION NO. 87R-401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (LINCOLN AVENUE STREET IMPROVEMENT) WHEREAS, the City Council of the City of Anaheim did cause to be published in the Anaheim Bulletin on the Publication Dates set forth in Exhibit A, a notice which: invited sealed proposals for the public work (Project) as described in Exhibit A in accordance with the designs, plans, profiles and specifications prepared by the Public Works Department; declared that said proposals would be received up until 2:00 o'clock P.M. on the Bid Opening Date set forth in Exhibit A; stated that, 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 Project; and stated that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on the Bid Opening Date at the hour of 2:00 o'clock P.M., the City Clerk 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 ail 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 Clerk of the City of Anaheim, the Project hereinabove more particularly described and set forth, in public, in the City Council Chamber in 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 a meeting held no later than thirty (30) days after the bids were opened; and WHEREAS, the City Council of the City of Anaheim did consider the sealed 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 the Lowest and Best Responsible Bidder set forth in Exhibit A for the construction, installation and completion of said Project hereinabove mentioned and described, was the lowest and best responsible proposal submitted therefor, 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 necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings, the said Project 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; 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 construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said Project as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings and specifications prepared by the Public Works Department, and the contract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said Project 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 Project hereinabove more particularly described in accordance with the provisions of the contract 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, 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 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 Clerk of the City of Anaheim, together with the appurtenances thereto, said Project hereinabove 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 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 contractor 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. BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute completion of said work as required by law. -2- BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, directed to cause said Notice of Completion to be recorded in the Office o£ the County Recorder within ten (10) days of the date of this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of 1987. Anaheim this 29th~of September, MAYOR OF~TH!'CIT~ OF ANAHEIM ATTEST: CITY CLERK-O'P THE /jb 6446M 091587 CITY OF ANAHEIM -3- CLERK STATS~ OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-401 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of September, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-401 on the 29th day of September, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of September, 1987. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-401 duly passed and adopted by the Anaheim City Council on September 29, 1987. CITY CLERK OF THE CITY OF ANAHEIM EXI~IBIT A PROJECT: Lincoln Avent~e Street Improve.'~ent, 493 feet east of Kingsley Street to 251 feet east o£ R!o Vista Street in the City o£ Anaheim consisting of excavation; con~,truction of asphalt concrete; base material; heater-remix; application of rejuvenating agent; A.C. p]aning; construction of asI:!:tlt berm; construction of PCC curb and gutter; adjustment of man':oles and water valve boxes to grade; and all appurtenant work as s'.town on the plans and delineated the specifications on file i:~ the office of the City Engineer. Account Nos. 15-793-6525-E50',.'~ and S1-48.1-6993-00710 l.©',','t!Sl' AXIl BI!ST RF. SPOXSIBI~E BtI1DE5 PUI;LIC:\TION DATES: SANDOVAL PAVING COHPANY, INC. 7243 E. Somerset Blvd. Paramount, California 90723 December 25, 1986 g4 January 1, 198' BII) OPI[NING DATE- January IS, 1987 PR Ii\'.\ I I, ING I';:\g}£ RATF. RI!SOI,UTION NO' 86R-47 AWARD D.\TE: Feb['uar)' 3, 1987 Ah'AR!) RESOI.UTION NO: 87R-23 CONTRACT PRICE: CONTRACT COMPI. ETION DAYS: ~LI QIj IDATED DA.',tAGES: ONE HUNDRED FORTY-SIX THOUSAND FIVE HUNDRED SIX AND 87/100 DOLLARS ($146,506.87) Thirty-£ivc (35) ONE HUNDRED DOLLARS ($100.00) .er day 2362Y