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84R-183 RESOLUTION NO. 84R-183 A RESOLUTI=N OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FI ALLY ACCEPTING THE COMPLETION AND THE FURNIS ING OF ALL PLANT, LABOR, SERVICES, MATERIALS ~D EQUIPMENT AND ALL UTILITIES AND TRANSPORTA~ION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE FOLLOWING PUBLIC IMPROVEMEN~, TO WIT: CENTRAL MEQHANICAL MAINTENANCE FACILITY, IN THE CITY OF AN~EIM, ACCOUNT NO. 72-721-6325. WHEREAS, tqe City Council of the City of Anaheim did cause to be published in ~ newspaper of general circulation, published and circulated in t~e City of Anaheim, to wit: The Anaheim Bulletin, on the 9tq and 16th days of September, 1982, a notice inviting sealed proposals for furnishing the following: All plant, labo~, services, materials and equipment, and all utilities aqd transportation, including power, fuel and water, and performing all work necessary to construct and complete ina 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 tqe City of Anaheim, the following public improvement, to wit: Central mechaniqal maintenance facility, in the City of Anaheim, consisting of furnishing all labor and materials necessary for t~e construction of a Central Mechanical Maintenance Faci!lity. The work includes, but is not limited to, sit~ work, concrete masonry structure, roof- ing, electrical, mechanical, air conditioning: mechanical maintenance equ~pment and off-site improvements of asphalt concrete paving, concrete curb and gutter and alley and R.C.P. storm drain. All work shall be per- formed in accor~ance with the plans and specifications for this project on file in the office of the City Engineer, Account No. 72-721-6325, ~ in accordance with ~he designs, plans, profiles and specifications prepared by the Pub~ic Works Department, and the notice inviting sealed proposals, w~ich said notice specified that sealed propo- sals as specified iQ said notice would be received up until 2:00 o'clock P.M. on the 30th day of September, 1982, and which said notice did state and declare 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 ~xecute said contract, and did state that the prevailing hourly w~ge scale so ascertained was on file in the Office of the City Clerki and ".- WHEREAS, on the 30th day of September, 1982, 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 furnish~ng of all plant, labor, services, materials and equipment, and a[l utilities and transportation, including power, fuel and wate~, and performing all work necessary to con- struct and complete, in a good and workmanlike manner, in strict accordance with the ~pecifications, plans and drawings therefor on file in the Office elf the City Clerk of the City of Anaheim, the public improvement 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 propqsals 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, at a subsequent regular or adjourned regular meeting, held on the 2nd day of November, 1982, at the hour of 10:00 o'clock A.M., 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 qy J. A. STEWART CONSTRUCTION COMPANY, 7125 Fenwick Lane, Suite 0, Westminster, California 92683 for the con- struction, installation and completion of said central mechanical maintenance facilit~, in the City of Anaheim, Account No. 72-721-6325 hereinaaove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did aw~rd a contract to said contractor for furnish- ing 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 specifica- tions, plans and dr~wings, the said public improvement as specified in said notice inviting sealed proposals, and did auth- orize 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 22nd day of November, 1982: and WHEREAS, t~e said contractor has furnished all plant, labor, services, ma~erials 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 accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed pro- posals and in the detailed designs, plans, drawings and specifica- tions prepared by the Public Works Department, and the contract made and entered into with said contractor by the City of Anaheim: and WHEREAS, the Public Works Executive Director has duly certified to the construction and completion of said public improvement hereina~ove mentioned and described, in accordance with the plans and ~pecifications and the contract documents duly made and entered into with said contractori and -2- WHEREAS, the City Council finds that said contractor has completed said public improvement 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 perform- ance of all work necessary to construct, install and complete in a good and workmanlike manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurten- ances thereto, said public improvement hereinabove more particu- larly 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 su~ as may lawfully be withheld in accordance with the provisions of said contract and contract do~uments. 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. AND BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized tb execute and file a notice of completion of said work as requireQ by law. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim thi 2nd day of May, 1984. ATTE~ /)( ~~ CITY CL~THE CI OF ANAHEIM /fm 2536M 5/14/84 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City C1e~k of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-183 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of May, 1984, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-183 on the 22nd day of May, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of May, 1984. ~4-~~ 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. 84R-183 duly passed and adopted by the Anaheim City Council on May 22, 1984. ~~/(~ CITY CLERK ,...,__.___ ,,-..._~d"~~_ ....