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84R-437 ,-,.. .-... RESOLUTION NO. 84R-437 A RESOLUTIO OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FIN LY ACCEPTING THE COMPLETION AND THE FURNISH NG OF ALL PLANT, LABOR, SERVICES, MATERIALS D EQUIPMENT AND ALL UTILITIES AND TRANSPORTAT ON INCLUDING POWER, FUEL AND WATER, AND THE PER ORMANCE OF ALL WORK NECESSARY TO CONSTRUCT COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT TO WIT: .~ WONDER BOWL AND DISNEYLAND METER VAULT MODIFICATIO AND REHABILITATION, IN THE CITY OF ANAHEIM, AC UNT NOS. 51-606-6329-17340-34570 AND 51-606- 329-17300-34580. WHEREAS, th cause to be publishe published and circul Anaheim Bulletin, on inviting sealed prop All plant, labor all utilities an and water, and p and complete in accordance with therefor on file City Clerk of th improvement, to Modifications an Disneyland meter Avenue and 1440 City of Anaheim, covers and the c shall be accompl specifications f the City Enginee and 51-606-6329- City Council of the City of Anaheim did in a newspaper of general circulation, ted in the City of Anaheim, to wit: The the 5th and 12th days of January, 1984, sals for furnishing the following: services, materials and equipment, and transportation, including power, fuel rforming all work necessary to construct good and workmanlike manner, in strict he specifications, plans and drawings in the Office of the City Engineer or City of Anaheim, the following public it: rehabilitation of Wonder Bowl and Vaults located at 1177 West Katella outh West Street, respectively, in the consisting of the removal of existing nstruction of new hatches. All work shed in accordance with plans and r this project on file in the Office of , Account Nos. 51-606-6329-17340-34570 7300-34580, in accordance with t e designs, plans, profiles and specifications prepared by the Publ c Works Department, and the notice inviting sealed proposals, wh'ch said notice specified that sealed proposals as specifi d in said notice would be received up until 2:00 o'clock P.M. on the 26th day of January, 1984, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the abor Code, the City Council of the City of Anaheim had ascertai ed the prevailing rate of wages for each type ~. (', -... of labor needed to efecute said contract, and did state that the prevailing hourly wa e scale so ascertained was on file in the Office of the City C erk; and WHEREAS, on the 26th day of January, 1984, at the hour of 2:00 o'clock P.M., t e City Clerk and the City Engineer of the City of Anaheim did pen said sealed proposals received up to that time for the furnish ng of all plant, labor, services, materials and equipment, and a 1 utilities and transportation, including power, fuel and wate , and performing all work necessary to construct and comple e, in a good and workmanlike manner, in strict accordance wi h the specifications, plans and drawings therefor on file in he Office of the City Clerk of the City of Anaheim, the public mprovement hereinabove more particularly described and set fo th, in public, in the City Council Chamber in the City Hall, Anahe m, California, and the City Engineer did tabulate the result f said sealed proposals and did make a report to the City Council t a meeting held no later than thirty (30) days after the bids ere opened; and .~. WHEREAS, th a subsequent regular 14th day of February consider the sealed materials and perfor described and set fo the sealed proposal construction, instal Disneyland Meter Vau City of Anaheim, Ace 51-606-6329-17300-34 the lowest responsib accepted said bid an furnishing all plant all utilities and tr and performing all w good and workmanlike specifications, plan specified in said no authorize the Mayor execute a contract f said contractor, whi into on the 14th day ,..-., WHEREAS, th labor, services, mat transportation, and construction and com strict accordance wi said public improvem City Council of the City of Anaheim did, at or adjourned regular meeting, held on the 1984, at the hour of 10:00 o'clock A.M., roposals submitted for furnishing the ing the work hereinabove more particularly th, and did thereupon find and determine that ubmitted by MACCO CONSTRUCTORS, INC. for the ation and completion of said Wonder Bowl and t Modification and Rehabilitation, in the unt Nos. 51-606-6329-17340-34570 and 80 hereinabove mentioned and described, was e proposal submitted therefor, and thereupon did award a contract to said contractor for labor, services, materials and equipment and nsportation, including power, fuel and water, rk necessary to construct and complete, in a manner, in strict accordance with the and drawings, the said public improvement as ice inviting sealed proposals, and did nd the City Clerk of the City of Anaheim to r and on behalf of the City of Anaheim with h said contract was duly made and entered of February, 1984; and said contractor has furnished all plant, rials and equipment and all utilities and erformed all work necessary for the letion, in a good and workmanlike manner, in h the specifications, plans and drawings of nt as specified in the notice inviting sealed r- .-. proposals and in the~detailed designs, plans, drawings and specifications prepaed by the Public Works Department, and the contract made and en ered into with said contractor by the City of Anaheim; and ' ,~ WHEREAS, th certified to the con improvement hereinab with the plans and s made and entered int Public Works Executive Director has duly truction and completion of said public ve mentioned and described, in accordance ecifications and the contract documents duly with said contractor; and WHEREAS, th completed said publi described in accorda the contract documen filed and payment of accordance with the City Council finds that said contractor has improvement hereinabove more particularly ce with the provisions of the contract and s, and that notice of completion should be the balance due said contractor authorized in ontract documents. .- NOW, THEREF RE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all ut lities and transportation, and the performance of all w rk necessary to construct, install and complete in a good a d workmanlike manner, in strict accordance with the specificati ns, plans and drawings therefor on file in the Office of the Ci y Clerk of the City of Anaheim, together with the appurtenances th reto, said public improvement hereinabove more particularly de cribed and set forth, in the City of Anaheim, by said contractor, e, and the same are hereby, accepted subject, nevertheless, to all! the terms, conditions and provisions of the contract documents, tnd that the balance due said contractor for said work be paid to]said contractor thirty-five (35) days from and after final acce tance of said work as evidenced by the adoption of this res lution, 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 f said contract and contract documents. That acceptance by the co tractor 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 claim~ against the City for amounts withheld by the City at the time of ~uch payment. AND BE IT FVRTHER RESOLVED that the Mayor be, and he is hereby, authorized tp execute and file a notice of completion of said work as require~ by law. ~ r- .-. .c.-., THE FOREGOI,G RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day of November, 1984. MAYO~:!~ ATTEST: ~~ 1(M~ CITY CLE OF THE C 0 OF ANAaEIM l666U j 1029~4 ~ ~ ,~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY or ANAHEIM ) I, LEOIORA N. SOUL, City Clet~ of the City of Anaheim, do hereby certify that the foregoiq Re1iolution No.~R-437 was introduced and adopted at a regular meetina pr-ov1ded by law, of Ite City Cotmc1l of the City of Anaheim held on the 6th day of November, 198, by the fbllowing 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 t4e Mayor of the City of ~~eim signed ~d Resolution No. 84R-437 on th4 6th day of November, 1~4. IN WITNESS WHEREOF, I have h4reunto set my hand and affh::ed the seal of the City of Anaheim this 6th dayiof November, 1984. ~"L ~~ crTY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEOIfORA N. SOIIL,C1ty CleJtk of the City of Anaheim, do hereby certify that the foregoing is the origina~ of Resolution No. 84R-437 duly passed and adopted by the Anaheim City qouncil on November 6, 1984. ~~ASd.L CITY cd:ax )