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84R-212 RESOLUTION NO. 84R-212 A RESOLUTIfuOF THE CITY COUNCIL OF THE CITY OF ANAHEIM FIN LY ACCEPTING THE COMPLETION AND THE FURNISH NG OF ALL PLANT, LABOR, SERVICES, MATERIALS EQUIPMENT AND ALL UTILITIES AND TRANSPORTAT ON INCLUDING POWER, FUEL AND WATER, AND THE PERroRMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT~ TO WIT: KELLOGG DR~E STREET IMPROVEMENT, 123' SOUTH OF ORANGETHORP AVENUE TO LA PALMA AVENUE, IN THE CITY OF AN ElM, ACCOUNT NO. 46-792-6325-E2930. WHEREAS, th~ City Council of the City of Anaheim did cause to be publishe~ in a newspaper of general circulation, published and circul~ted in the City of Anaheim, to wit: The Anaheim Bulletin, oni the 12th and 19th days of January, 1984, a notice inviting seal~d proposals for furnishing the following: All plant, labor~ services, materials and equipment, and all utilities an~ transportation, including power, fuel and water, and p~rforming all work necessary to construct and complete in ~ good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on filei in the Office of the City Engineer or City Clerk of th~ City of Anaheim, the following public improvement, to ~it: Kellogg Drive st~eet improvement, 123' south of Orangethorpe Avepue to La Palma Avenue, in the City of Anaheim, consist~'ng of clearing and grubbing~ excavation~ cold planing~ he ter remixing~ rejuvenating agent~ construction of . sphal t concrete ~ construction of base material~ adjUst~ent of manholes, and water valves to grade~ relocatio of sign~ installation of survey monuments and tr ffic signs; construction of curb and gutter; construcltion of catch basin; and all appurtenant work as shown o~ the plans and delineated in the specifications o~ file in the office of the City Engineer, Accounlt No. 46-792-6325-E2930, in accordance with t~e designs, plans, profiles and specifications prepared by the PUbliic Works Department, and the notice inviting sealed proposals, w~ich said notice specified that sealed proposals as specifi~d in said notice would be received up until 2:00 o'clock P.M. o~ the 2nd day of February, 1984, and which said notice did state an~ declare that, pursuant to the provisions of Section 1770 of the ~abor Code, the City Council of the City of Anaheim had ascertai!ned the prevailing rate of wages for each type of labor needed to ~xecute said contract, and did state that the prevailing hourly w~ge scale so ascertained was on file in the Office of the City dlerki and <~""''''''''''--''''',~, WHEREAS, oq the 2nd day of February, 1984, at the hour of 2:00 o'clock P.M., ~he City Clerk and the City Engineer of the City of Anaheim did iopen said sealed proposals received up to that time for the furnis~ing of all plant, labor, services, materials and equipment, and ~ll utilities and transportation, including power, fuel and wat~r, and performing all work necessary to construct and compl~te, in a good and workmanlike manner, in strict accordance w~th the specifications, plans and drawings therefor on file in !the Office of the City Clerk of the City of Anaheim, the public iimprovement hereinabove more particularly described and set fqrth, in public, in the City Council Chamber in the City Hall, Anah~im, 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 openedi and WHEREAS, t~e City Council of the City of Anaheim did, at a subsequent regula~ or adjourned regular meeting, held on the 21st day of Februar~, 1984, at the hour of 10:00 o'clock A.M., consider the sealed !proposals submitted for furnishing the materials and perfo~ming the work hereinabove more particularly described and set fqrth, and did thereupon find and determine that the sealed proposal ,submitted by R. J. NOBLE COMPANY, 15505 East Lincoln Avenue, Pos~ Office Box 620, Orange, California 92666 for the construction, iqstallation and completion of said Kellogg Drive street improv~ment, 123' south of Orangethoirpe Avenue to La Palma Avenue, in th~ City of Anaheim, Account No. 46-792-6325- E2930 hereinabove m~ntioned and described, was the lowest respon- sible proposal subm~tted therefor, and thereupon accepted said bid and did award a con~ract to said contractor for furnishing all plant, labor, serviqes, materials and equipment and all utilities and transportation, including power, fuel and water, and perform- ing all work necess~ry 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 notice inviting sealed proposals, and did authorize the Mayor and the City Clerk Qf the City of Anaheim to execute a contract for and on behalf o~ the City of Anaheim with said contractor, which said contract was duly made and entered into on the 29th day of March, 1984~ and WHEREAS, t~e said contractor has furnished all plant, labor, services, ma~erials and equipment and all utilities and transportation, and tperformed all work necessary for the construc- tion and completion,i in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said public improvement qS specified in the notice inviting sealed pro- posals and in the d~tailed designs, plans, drawings and specifica- tions prepared by tije Public Works Department, and the contract made and entered in~o with said contractor by the City of Anaheimi and -2- WHEREAS, th~ Public Works Executive Director has duly certified to the co~struction and completion of said public improvement hereinabbve mentioned and described, in accordance with the plans and siPecifications and the contract documents duly made and entered intb with said contractor; and WHEREAS, t~ City Council finds that said contractor has completed said publi!c improvement hereinabove more particularly described in accorda~ce with the provisions of the contract and the contract documenlts, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREF~RE, BE IT RESOLVED by the City Council of the Ci ty of Anaheim that! all plant, labor, services, materials and equipment and all ut~lities and transportation, and the perform- ance of all work necrssary to construct, install and complete in a good and workmanlike! manner, in strict accordance with the speci- fications, plans an~ drawings therefor on file in the Office of the City Clerk of th~ City of Anaheim, together with the appurten- ances thereto, said public improvement hereinabove more particu- larly described and iset forth, in the City of Anaheim, by said contractor, be, and ~he same are hereby, accepted subject, nevertheless, to alII the terms, conditions and provisions of the contract documents, and that the balance due said contractor for said work be paid td said contractor thirty-five (35) days from and after final acce~tance of said work as evidenced by the adoption of this resplution, but not sooner than thirty (30) days after the date of th~ filing of notice of completion, excepting only such sum or sum~ as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the cohtractor of said payments made in accordance with said final esti~ate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabiliti~s due the contractor for anything done or furnished or withhel~ or for anything relating to the work or any act or neglect of th~ 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 requirep by law. THE City Council FOREGOI~G RESOLUTION is approved and adopted by the of the City of Anaheim this 12th day of June, 1984. MAY&C~~- ATTEST' ~~ CI~qOF THE ~EIM /fm 2607M 6/5/84 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Cl~k of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-212 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of June, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-212 on the 12th day of June, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of June, 1984. ~-~~ 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 origina~ of Resolution No. 84R-212 duly passed and adopted by the Anaheim City Council on June 12, 1984. ~'1tS<< CITY CLERK _____