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84R-350 "...... -" RESOLUTION NO. 84R-350 .~ A RESOLUTI ANAHEIM FI THE FURNIS MATERIALS TRANSPORTA AND THE PE CONSTRUCT IMP ROVEMEN OF THE CITY COUNCIL OF THE CITY OF LY ACCEPTING THE COMPLETION AND ING OF ALL PLANT, LABOR, SERVICES, D EQUIPMENT AND ALL UTILITIES AND ION INCLUDING POWER, FUEL AND WATER, ORMANCE OF ALL WORK NECESSARY TO D COMPLETE THE FOLLOWING PUBLIC , TO WIT: ANAHEIM CO~.ENTION CENTER ARENA BOX OFFICE PARKING~, IN THE CITY OF ANAHEIM, ACCOUNT NO. 64-957-17107. WHEREAS, t cause to be publish published and circu Anaheim Bulletin, 0 inviting sealed pro e City Council of the City of Anaheim did in a newspaper of general circulation, ated in the City of Anaheim, to wit: The the 15th and 22nd days of September, 1983, osals for furnishing the following: All plant, labo~, services, materials and equipment, and all utilities a d transportation, including power, fuel and water, and erforming all work necessary to construct and complete in la good and workmanlike manner, in strict accordance with Ithe specifications, plans and drawings therefor on fil~ in the Office of the City Engineer or City Clerk of t~e City of Anaheim, the following public improvement, to !wit: Anaheim Convent~on Center Arena Box Office Parking Area, in the City of aheim, consisting of clearing and grubbing, excav tion, construction of P.C.C. curb and gutter, curb, c oss gutter and sidewalk, A.C. pavement, sprinkler reloc tion and appurtenant work as shown on the plans and del in ated in the specifications on file in the office of the C ty Engineer, Account No. 64-957-7107, ~. in accordance with ~he designs, plans, profiles and specifications prepared by the Pubtic 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. o~ the 6th day of October, 1983, and which said notice did state an4 declare that, pursuant to the provisions of Section 1770 of the:Labor Code, the City Council of the City of Anaheim had ascertatned the prevailing rate of wages for each type of labor needed to ~xecute said contract, and did state that the prevailing hourly w4ge scale so ascertained was on file in the Office of the City ~lerk; and "...... --., ,.-. WHEREAS, on! the 6th day of October, 1983, at the hour of 2:00 o'clock P.M., tpe 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~l 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 pf 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 regulari or adjourned regular meeting, held on the 25th day of October,! 1983, at the hour of 10:00 o'clock A.M., consider the sealed ~roposals submitted for furnishing the materials and perfor~ing the work hereinabove more particularly described and set fo~th, and did thereupon find and determine that the sealed proposal ~ubmitted by R. A. WIEST CONSTRUCTION, 3890 Pierce Street, River~ide, California 92503 for the construction, installation and comtletion of said Anaheim Convention Center Arena Box Office Par ing Area, in the City of Anaheim, Account No. 64-957-7107 hereinab ve mentioned and described, was the lowest responsible proposal! submitted therefor, and thereupon accepted said bid and did awatd a contract to said contractor for furnishing all plant~ labor, services, materials and equipment and all utilities and tr,nsportation, including power, fuel and water, and performing all wbrk necessary to construct and complete, in a good and workmanlikejmanner, in strict accordance with the specifications, plan~ and drawings, the said public improvement as specified in said no~ice inviting sealed proposals, and did authorize the Mayor ,nd the City Clerk of the City of Anaheim to execute a contract f~r and on behalf of the City of Anaheim with said contractor, whiph said contract was duly made and entered into on the 7th day ~f December, 1983; and - WHEREAS, the said contractor has furnished all plant, labor, services, mat~rials 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 public improvem~nt as specified in the notice inviting sealed proposals and in the1detailed designs, plans, drawings and specifications prepated by the Public Works Department, and the contract made and entered into with said contractor by the City of Anaheim; and -2- t"""'- ~ --.... WHEREAS, th~ Public Works Executive Director has duly certified to the con~truction and completion of said public improvement hereinabbve mentioned and described, in accordance with the plans an~ s~ec~ficat~ons and the contract documents duly made and entered ~ntf wlth sald contractor; and WHEREAS, th~ City Council finds that said contractor has completed said publi~ improvement hereinabove more particularly described in accorda~ce 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 contract documents. NOW, THEREFPRE, BE IT RESOLVED by the City Council of the City of Anaheim thatlall 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, pe, 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 resOlution, but not sooner than thirty (30) days after the date of th. filing of notice of completion, excepting only such sum or sumt. as may lawfully be withheld in accordance with the provis~ons f said contract and contract documents. That acceptance by theco~tractor 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 furni&hed or withhelb. 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 $uch payment. AND BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute and file a notice of completion of said work as require~ by law. ,~ THE City Council of the City of 1984. ATT~~a CITY CLERK OF /fm 3004M 9/5/84 ~~- THE ci... OF ANAHE IM -3- ",...., ""'"" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 8S. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City C1+1k of the City of ~ahe'1m, do hereby certify tb,at the foregoing Resolution No, 84R-350 ..s introduced and adopted at a regular meetiag provided by law, oflqhe City C$uncil of the City of ~heim held on the 11th day of September, ~~84, by the following vote Of the meabers thereof: " NOES: COUNCIL MEMBER.S~ Kaywood, Bay, Overholt, Pickler and Roth i, COUNCIL MEMBERS # None AYES: ABSENT: COUNCIL MEMBERS ~ None ; AND I FURtHER. certify that ~., ije Mayor of the City pf Anaheim signed ..aid Reso1.tion No. 84R-350 on t;~ 11th day of Septeaber, 1984. k ' :1 IN WI'lNESS WHEREOF, I hav~ ~ct, reunto se~,. IIY hand and affixed the seal of the City .f Aaaheim this 11th d~J of Sept~ber, 1984. . ~ ~&-tL CI ' ,', O~ TIt CITY "01' 'iNWIM (SEAL) I, LF4JfOBA N. S~, City C*~k of the City of Anaheim, do he!;~~y certify that the foregoisaJ i_, the oria1 i, of Reso1~tion No. 84R-350, ~v+y passed and adopted by the 4naheim Ci ty ~ounci1 on. Septeaber 11, 1.?B4. . ~~~~ J b.-,