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78-650 I""'" .-'" ~. RESOLUTION NO. 78R-6?O _ A RESOLUTTrh: OF THE CITY COUi~CTL OF TilE CITY OF ANAnEn~ t F I NALLY ACCEPTING THE'~mWLETION AND THE Fl!~~;TSHING OF ALL PLANT !.AHOR, SER- VICES, HATt~lALS AnI:> EQUIPMENT J\.iD /\LL UTILI- TIES AND T*~NSPORTA'tION INCLUDJ l,l(, POWER, FUEL AND WATER. :iim THE fERF01U1ANCE OF ALL WORK NECESSARY t~ r.OHSTRIDCT AND COMPLFTf. THE FOLLOW- ING PUBLIC! HII'FWVEMtNT. TO WIT: BARRIER FRt~ ANAHEIM--AREA 2, IN THE CITY OF ANAHEIM, P*OJECT ACCOUNT NO. ,12-793-6325-3010. r WHEREI~S, t~e City Council of the City ()f Anancir:l ~'iJ cause to be publisl e.d in a I1ewspaper of general circulat ic.n. printed, pubJi~hed.nd circulated in the City of Anaheim, to wit: The Ana~1cim ,Ulletin, on the 9th ~~~_~_6th~~..l!.._~___ Ma~~1'!_ _ i ________, 19 7~_, a notice inviting sealed r.roposalsror fur11$hinr; the forlowing: All plant, lab~.r.. sprvices, materials and equipment, and all utUities ~nd transportation, including power, fuel and water, and iperforming all work necessary to construct and complete irl a good and workmanlike manner, in strict accordance wit~ the specifications. plans and drawings therefor nn fi~e in the Office of the City Engineer or City Clerk of ~e City of Anaheim, the following public improvement, tq wit: ~- Barrier Free At'heim__Area 2, La Palma Avenue-- Euclid Street ...... Brookhu.rst Street; Euclid Street-- La Pa1ma Avenuto Crescent Avenue; Crescent Avenue-- Euclid Street .' Santa Ana Freeway, in the City of Anaheim, consiing of c1earing and grubbing; con- struction of p.IO.c. curb, gutter, sidewalk, access ramps and span~els; construction of asphalt concrete pavemt; adjustment of water meter box and pull boxes .0 grade; relocation of traffic signals, pedes~ian push buttons and signs; and all appurtenant wo~ as shown on the plans and delineated in the specifi~tions on file in the Office of the City Engineer, iProject Account No. 12-793-6325-3010, in accordance with Ithe designs, plans. profiles and specifica- tions prepared byt __~he P~liC Works Depar~~~nt , and the notice inv~ing seaed proposals, which said notice -- -1- ATTV-40 II ~. '" .-.. t"'" ~ specified that sealed proposals as specified in said notice would be received uj until 2:00 o'clock P.M. of the -3.9JaL-- day of March. ,19 ~, and which s.aid notice did state and declare t~at, pursuant to the provisions of Section 1770 of the Labor Cd de , the City Council of the City of Anaheim had ascertained the !prevailing rate of wages for each type of labor needed to exequte said contract, and did state that the prevailing hourly w4ge scale so ascertained was on file in the Office of the City qlerk; and WHEREAS, on I, Marc!1 30 , 19~, at the hour of %:00 o'clock P.tf., the C1.ty Clerk and the C1.ty Engineer of t e City of Anah~im did open said sealed proposals received up to that time for~the furnishing of all plant, labor, services, materials and equip~ent, and all utilities and transportation, including power, fu~l and water, and performing all work necessary to construct and co~plete, in a good and workmanlike manner, in strict accordance w~th the specifications, plans and drawings therefor on file in Ithe Office of the City Clerk of the City of Anaheim, the public limprovement hereinabove more particularly described and set fqrth, in public, in the City Council Chamber in the City Hall, ~aheim, California, and the City Engineer did tabulate the result [of said sealed proposals and did make a report to the City Council :at its tlitnd subsequen~egular meeting; and Pro ect hereinabove mentioned and described, was the J10west responsible proposal submitted there- for, and thereupon ~ccepted said bid and did award a contract to said contractor ~or furnishing all plant, labor, services, materials and equip~ent and all utilities and transportation, including power, fu~l and water, and performing all work neces- sary to construct a~d complete, in a good and workmanlike man- ner, in strict acco~dance with the specifications, plans and drawings, the said Rtiblic improvement as specified in said notice inviting sea~ed proposals, and did authorize the Mayor and the City Clerk ~f the City of Anaheim to execute a contract for and on behalf o~ the City of Anaheim with said contractor, which said contract ~as duly made and entered into on the 13th day of April. , 19 78 ; and I _ WHEREAS, th~ said contractor has furnished all plant, labor, services, ma1'. .rials and equipment and all utilities and transportation, anderformed all work necessary for the con- struction and complion, in a good and workmanlike manner, in -2- ATT---40 ,..... ,~ ~ stric,t accordance Wf'".",.h the specifications, plans and drawings of said public impr ,ement as specified in the notice inviting sealed proposals an in the detailed designs, plans, drawings and specifications '.epared by the Public Works Department i , and the contract made and . entered into with s~d contractor by the City of Anaheim; and WHEREAS, ~e Di~ector of Public WOf~s has dUlY, certified '..., the co~struction and comp et10n of said pUblic improvementreinabo~ mentioned and described, in accordance with thelans and specifications and the contract documents duly made ~nd entered into with said contractor; and WHEREAS , has completed said larly described in tract and the contr should be filed and authorized in accor e City Council finds that said contractor blic improvement hereinabove more particu- cordance with the provisions of the con- t documents, and that notice of completion ayment of the balance due said contractor nce with the contract documents. NOW, THER ORE, BE IT RESOLVED by the City Council of the City of Anaheim . at all plant, lahor, services, materials and equipment and al utilit~s and transportation, and the per- formance of all wor necessary to construct, install and com- plete in a good and orkman1ike manner, in strict accordance with the specificati ne, plans and drawings therefor on file in the Office of the Ci, Clerk of the City of Anaheim, together with the appurtenan 's thereto, said public improvement herein- above more particu1 ly described and set forth, in the City of ARaheim, by said co ractor, be, and the same are hereby, accepted subject, neverthe1es~, to all the terms, conditions and provi- sions of the contradt documents, and that the balance due said contractor for said Work be paid to said contractor thirty-five (35) days from and ~ter final acceptance of said work as evi- denced by the adoptipn of this resolution, but not sooner than thirty (30) days aft~r the date of the filing of notice of com- pletion, excepting ~ly such sum or sums as may lawfully be withheld in accordanPe with the provisions of said contract and contract documents. ' That acceptance by the contractor of said payments made in acdprdance with said final estimate shall op~r- ate and 'shall be a ~lease to the City of Anaheim, its officers, aqents and employees! from all claims and liabilities due the contractor for anyt~ng done or furnished or withheld or for any- thing relating to t~ work or any act or neglect of the City, its officers, agents an~ employees, excepting only claims against the City for amounts! withheld by the City at the time of such .~ payment. !c is of AND BE IT IPuRTHER RESOLVED hereby, authoriz~ to execute and said work as requttred by law. that the Mayor be, and he file a notice of completion -3- ATT-40 "..... I......' THE FO~, ING RESOLUTION is approved and adopted by the City, Counci . of the City of Anaheim this 3rd day of October ,1 ,] 8 . 1'.- ATTEST: ..-. . "" /fm .~ . ", "...., ,~ STATE" 1?'--~ ) COUllTY ''OF 'OttANGE ) ss . CITY or ANAHEIM ) ~/, ) I, LINDA D. ROBERTS, City C1ttk of the City of Anaheim, do hereby certify that the fo_egoing Re$olution NO'iY8R-650 was introduced and adopted at a regular meetin. provided by law, of the City Council of the City of Anaheim held on the 3r. day of October, 1978~by the fo~lowin& vote or the memPers thereof: AYES: COUNCIL MEMBERS: OVerholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: N.ne ABSENT: COUNCIL MEMBERS: N.ne AND I FURTHER CERTIFY that t)~ Mayor of 'the City of Anaheim signed said Resolution No. 78R-650 on th~ 3rd day of October, 1978. IN WITlESS WHEREOF, I have h~teunto set my hand and affixed the seal of the ! City of Anaheim this 3rd day!pf October, 1978. ~~.,-l)~ CI TY E OF THi CI TY F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City C1itk of the City of Anaheim, do hereby certify that the fotegoing is the origina, of Resolution No. 78R-650 duly passed and adopted by the Anaheim City Counci1n October 3, 1978. qi~".)~_~A~ CITY CLERk .~