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84R-369 ,..., ,-, RESOLUTION NO. 84P-369 ,~ 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 D COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT~ TO WIT: CENTER STREiT PARKING STRUCTURE, 235 EAST CENTER STRET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 82-362- 325. , WHEREAS, th! City Council of the City of Anaheim did cause to be PUb1iShe,,' in a newspaper of general circulation, published and circul ted in the City of Anaheim, to wit: The Anaheim Bulletin, on the 23rd and 30th days of June, 1983, inviting sealed prop sals for furnishing the following: All plant, labOrt,' 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 ~he specifications, plans and drawings therefor on file! in the Office of the City Engineer or City Clerk of th~ City of Anaheim, the following public improvement, to wit: Center Street Pa king Structure, 235 East Center Street, in the City of aheim, consisting of furnishing all labor and materi Is necessary for the construction of a parking structur. The work includes, but is not limited to, sitework inc uding landscaping and irrigation, post-tensioned c ncrete structure, electrical, mechanical, mas ry and metal work. All work shall be performed in str'ct accordance with all local codes and plans and speciications for this project which are on file in the offi~e of the City Engineer, Account No. 82-362-6325, ,"-"'" in accordance with ~e designs, plans, profiles and specifications prepared by the Pub~~c Works Department, and the notice inviting sealed proposals, w~ich said notice specified that sealed proposals as specif~ed in said notice would be received up until 2:00 o'clock P.M. oq the 21st day of July, 1983, and which said notice did state an9 declare that, pursuant to the provisions of Section 1770 of the ILabor Code, the City Council of the City of Anaheim had ascerta~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 Citylerki and ,~ - ,..-... WHEREAS, onithe 21st day of July, 1983, at the hour of 2:00 o'clock P.M., t~e City Clerk and the City Engineer of the City of Anaheim did ipen 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 watet, 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 fot,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, City Council of the City of Anaheim did, at a subsequent regularlor adjourned regular meeting, held on the 9th day of August, 1983, iat the hour of 10:00 o'clock A.M., consider the sealed proposalsjsubmitted for furnishing the materials and performing the work I.,.,ereinabove more particularly described and set forth, and did t ereupon find and determine that the sealed proposal submitted b RAY WILSON COMPANY, 4660 Colorado Boulevard, Los Angeles, Califor ia 90039 for the construction, installation and completion of sa d Center Street Parking Structure, 235 East Center Street, in thi. City of Anaheim, Account No. 82-362-6325 hereinabove mentione and described, was the lowest responsible proposal submitted t erefor, and thereupon accepted said bid and did award a contractito said contractor for furnishing all plant, labor, services, mattrials and equipment and all utilities and transportation, inclFding power, fuel and water, and performing all work necessary t~ 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 invitingisealed proposals, and did authorize the Mayor and the City Clerk o~ the City of Anaheim to execute a contract for and on behalf of: the City of Anaheim with said contractor, which said contract ~as duly made and entered into on the 30th day of August, 1983; and! ( \ ,-. WHEREAS, th~ said contractor has furnished all plant, labor, services, matFrials and equipment and all utilities and transportation, and grformed all work necessary for the construction and com letion, in a good and workmanlike manner, in strict accordance wi h the specifications, plans and drawings of said public improvem nt as specified in the notice inviting sealed proposals and in the! detailed designs, plans, drawings and specifications prepa~ed by the Public Works Department, and the contract made and en~ered into with said contractor by the City of Anaheim; and WHEREAS, th~ Public Works Executive Director has duly certified to the con~truction and completion of said public improvement hereina1i>ve mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said contractor; and -2- f~ - ,~ WHEREAS, th, City Council finds that said contractor has completed said publi~ improvement hereinabove more particularly described in accordarce with the provisions of the contract and the contract documen s, and that notice of completion should be filed and payment of,the balance due said contractor authorized in accordance with the ~ontract documents. j 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$rk necessary to construct, install and complete in a good a~d workmanlike manner, in strict accordance with the specificati~ns, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances th.reto, said public improvement hereinabove more particularly de.cribed and set forth, in the City of Anaheim, by said contractor, lbe, and the same are hereby, accepted subject, nevertheless, to all the terms, conditions and provisions of the contract documents, .nd that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and after final acce~tance of said work as evidenced by the adoption of this res~lution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such s:um or sum,as may lawfully be withheld in accordance with the provisions ,f said contract and contract documents. That acceptance by the co*tractor of said payments made in accordance with said final esti$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 wi thhelt,' 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, au.tborized tt execute and file a notice of completion of said work as requir~ by law. THE FOREGOI'G RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of September, 1984. -., ATTEST: fA-- ~ CLERK OF THE -3- ,- - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEOJORA N. SOHL, City C1ep.:k of the City of Anaheim.. do hereby certify~~at the foregoing Resolution NO.~! 84R-369 w~s introduced and adopted at a regular meetiD8 provided by law, of . he City Council of the City of Anaheim held on the 18th day of September, 1 84, by the following vote of the members thereof: , AYES: COUNCIL MEMBERS:! Bay, Ovenho1t, Pickler and Roth NOES: , I COUNCIL MEMBERS:I None ABSENt: , COUNCIL MEMBER.s:j Kaywood AND I FURTHER certify that t Mayor of the City of Anaheim signed said Resolution No. 84R~369 on t. 18th day of September, 1984. 'I IN WIDlESS WHEREOF, I have *" ,reunto set my hand, and affixed the seal of City of Anaheim this 18th d~ of Septe.ber, 1984. the w~~ "/l,~, CIn CLERK OF THE CITY OF ANAHEIM ( SBAL) ~! . >' I, LEON, ORA N. SOIlL, City C~',k of the City of Ana~im.. do herebycer.tify that the fQEegoins is the origi " of Resolution No. 84R-369 duly passed and adopted by the Anaheim City ounci1 on September 18, 1984. ~~r7(~ CIn CLERK , "