80R-374 RESOLUTION NO. 80R -3 74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
ANI) THE FURBISHING OF ALL PLANT LABOR, SER-
-, VICES, MATERIALS AND EQUIPMENT A:1D ALL UTILI-
TIES AND TRANSPORTATION INCLUDIi\i(, POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLFTE THE FOLLOW-
ING PUBLIC IEPRCiVEMENT , TO WIT:
ANAHEIM CIVIC CENTER -
ACCOUNT NUMBER 48 -4309- 984 -12 -0000
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, pub'ished and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on the 8th, 15th and 22nd days of
December _ , 1977 a notice inviting sealed
rroposals Tb furnishin the following:
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 specifications, plans and drawings
therefor on file in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
The work to be done on the Anaheim Civic Center shall consist
of the construction of a seven -story office building of Type I
construction with a mechanical penthouse, full basement and
service dock; a two - story auditorium building of Type I con -
struction attached to the seven -story building; a two -story
office building of Type I construction attached to the seven -
story building by an elevator core; an eight -level parking
structure of Type I construction with a connecting bridge to
the main buildings; all concrete site work including walls and
paving at the plaza. The Contractor to provide all plant, labor,
service, material and equipment necessary to perform all work
including site clearance and demolition in strict accordance with
the plans and specifications for this project on file in the
Office of the City Engineer Account No. 48 - 4309- 984 - 12 - 0000,
subject to the completion of the Punch List certified by the Architect
and on file in the office of the City Engineer.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department
and the notice inviting sealed proposals, which said notice
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ATTY -40
specified that :aled proposals as specifL-4 in said notice would
be received up until 2:00 o'clock P.M. of the 19th day of
Ta nary , 1978 , and which said notice did state and
d e c lare 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 exe-
cute said contract, and did state that the prevailing hourly wage
scale so ascertained was on file in the Office of the City Clerk;
and
WHEREAS, on the 19th day of January , 19 78, 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 furnishing of all plant, labor, services,
materials and equipment, and all utilities and transportation, in-
cluding power, fuel and water, and performing all work necessary to
construct and complete, in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings therefor on
file in the Office of 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 proposals and did make a report to the City Council
at its second subsequent regular or adjourned regular meeting;
and •
WHEREAS, the City Council of the City of Anaheim did, at
its second subsequent regular or adjourned regular meeting, held
on the 31st day of January , 19 78, at the hour of 1:30
o'clock P.M., consider the sealed proposals submitted for furnish-
ing the materials and performing the work hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the sealed proposal submitted by DEL E. WEBB CORP.,
Post Office Box 39692, Los Angeles, California 9UUi9
for the construction, installation and completion of said •
Anaheim Civic Center construction
•
hereinabove mentioned and
described, was the lowest responsible proposal submitted therefor,
and thereupon accepted said bid and did award a contract to said•
contractor for furnishing 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 specifications, plans and drawings, the said public im-
provement as specified in said notice inviting sealed proposals,
and did authorize 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 1st day of February , 19 ; and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials 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
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accordance with the specifications, plans and drawings of said
public improvement as specified in the notice inviting sealed
proposals and in the detailed designs, plans drawings and speci-
fications prepared by the Public Works Department, and the con-
tract 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 im-
provement hereinabove mentioned and described, in accordance with
the plans and specifications and the contract documents duly made
and entered into with said contractor; and
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, subject to the completion
of the Punch List certified by the Architect and on file in the
office of the City Engineer for said Anaheim Civic Center construc-
tion.
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 performance
of all work necessary to construct, install and complete in a good
and workmanlike manner, in strict accordance wity the specifications,
plans and drawings therefor on file in the Office of the City Clerk
of the City of Anaheim, together with the appurtenances thereto,
said public improvement hereinabove more particularly described and
set forth in the City of Anaheim, by said contractor, be, and the
same are hereby, accepted subject, nevertheless, 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 sums as may lawfully be withheld in
accordance with the provisionsof said contract and contract documents.
The 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 to execute and file a notice of completion of
said work as required by law, subject to the completion of the
Punch List certified by the Architect and on file in the office
of the City Engineer for said Anaheim Civic Center construction.
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THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 19th day of
August , 1988
IP
ATTEST: ( /
r
C Y LERK OF TH OF A NAHEIM
/in
--,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 80R -374 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 19th day of August, 1980, by the following vote of'the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 80R -374 on the 19th day of August, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of August, 1980.
CITY CL'RK OF THE CITY : ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 80R -374 duly passed and adopted
by the Anaheim City Council on August 19, 1980.
ITY CLERK