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80R-019 r - , RESOLUTION NO. 80R-19 ~ A RESOLUTI~N OF THE, CITY COUNCIL OF THE CITY OF ANAHEIM 'FINALLY ACCEPTING THE COMPLETION AND THE F~NISHING OF ALL PLANT, LABOR, SER- VICES, MA~RIALS A~D EQUIPMENT AND ALL UTIL- ITIES ANDrr1RANSPOR1!1ATION INCLUDING POWER, FUEL AND ~jTER, AND THE PERFORMANCE OF ALL WORK NECE ' ARY TO QONSTRUCT AND COMPLETE THE FOLLOWING i .UBLIC IMPROVEMENT, TO WIT: NOHL RANCH ROAD,$TREET I~PROVEMENTS - PHASE II, IMPERIAL HIGHWAY TO NOHLpANYON RPAD, ACCOUNT NOS. 13-792-6325-2130, 13-794-6325-409p~.. i, 01-794~6325-4090, A.H.F.P. NOS. 908 AND 909; :MEATS AVENpf'-' STREET IMPROVEMENT, S/O NOHL RANCH ROAD, ACCOUNT NO. 13-792-6325-2150, A.H.F.P. NO. 846, IN THE CITY OF ANAHEIM; WHEREAS, the City Council of the City of Anaheim did cause to be publishad in a nawspaper of general circulation printed, published arid circu]ated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 1st and 8th days of March 1979. .. ,~ ,a notice invi tirig sealed proposals for furnishing the following: ~ All plant, labor, servioes, materials and equipment, and all utilit~~s and t~ansportation, including power, fuel and water,and performing all work necessary to construct and oomplete in a good and workmanlike man- ner, in strict accordan~e with the specifications, plans and drawi~gs ther~for on file in the Office of the City Engine~r or City Clerk of the City of Anaheim, the following p~blic improvement, to wit: Nohl Ranch Road str~t impro~ements - Phase II, Imperial High- way to Nohl Canyon R~ad and Meats Avenue street improvement, Nohl Ranch Road to ~d50' S/o Nohl Ranch Road, in the City of Anaheim, consisting of clear~ng and grubbing; local borrow; excavation; construqtion of P.C.C. curb, gutter, local depressions, drive approach, parking bays, access ramps and sidewalks; construction of a~phalt concrete; construction of base material; p~~cement ~f prime coat; placement of pavement reinforcemant fabrio over asphalt binder; construc- tion of asphalt conorete berm; relocation of signs; instal- lation of signs; relocation of galvanized post and chain; erosion control; in$~allation of traffic interconnect system and signals; traffic striping; installation 'of pavement markers; p~.-lining; installation of guidemarkers; construction of metal beam guardrails; construction of P.C.C. pattern concrete; c~$structi~n of parkway culverts; relocation of wood fence; installation ~f survey monuments; construction of concrete block rttaining wall; and all appurtenant work as shown on the plans and delintated in the specifications on file in the Office of the City Entineer. in accordance with the designs, plans, profiles and specifica- tions prepared by . ,the Public Works Depar trnent and the notice invit1ng sealed proposals, which said notice , -1- r ~\ /"""'""" specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 22nd day of March , 19 79 , and which said notice d~- state and declare that, purSUint to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on . ftir~22 , 19~, at the hour of E.O~ 0' clock P.M. I t e ~iy Clerk and the City Engineer of t e ity of Anahei$ did opan said sealed proposals received up to that time for tfue furni$hing of 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 Clerk of the City of Anaheim, the public improvememt hereinabove more particularly described and set forth, in p~blic, 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 ~/subsequent regular meeting; and fifth WHER~Ap the City Coumcil of the City of Anaheim did, at its ~/~Ob,gque~\ regular meeting, held on the 17th day of Aprtf ' .979 ,at the hour of 1~1Q o'clock P.M., consider t e sealed ,roposals submitted for furn~shing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by GRIFFITH COMPANY, Post Office Roy R-T, Irvine, Calif ~27l6 for the construction, install~tion and comple~ion of said d stre 1m rov ments - Phase II and t roveme t s 0 Nohl Ranch Road - in the City of Anahe~~ ...-... hereinabove mentioned and described, was the lowest responsible proposal sub~itted there- for, 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 neces- sary to construct and complete, in a good and workmanlike man- ner, in strict accordance with the specifications, plans and drawings, the said public improvement 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 23rd day of Apr il , 1922--; 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 con- struction and completion, in a good and workmanlike manner, in -2- ATT-40 r- -., c.............. strict accordance wit~ the specifications, plans and drawings of said public improvbment as ~pecified in the notice inviting sealed proposals and in the de~ailed designs, plans, drawings and specifications prepared by the Public Works Department , and the contract made and entered into with sai~ contrac~or by the City of Anaheim; and WHEREAS, the Di~ector of Public Works has duly certified to: the cons~ruction and completion of said public improvement he~einabovei mentioned and described, in accordance with the plans and specifications and the contract documents duly made and enterea into with said contractor; and WHEREAS, the City Cquncil finds that said contractor has completed said pUblic imp~vement hereinabove more particu- larly described in aqdordance ~ith the provisions of the con- tract and the contradt documents, and that notice of completion should be filed and payment or the balance due said contractor authorized in accordance with the contract documents. -----. NOW, THEREFORE, BE ~T RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and allutiliti$s and transportation, and the per- formance of all work necessary to construct, install and com- plete in a good and ~rkmanli~e manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the Ciij,y Clerk of the City of Anaheim, together with the appurtenanc~s thereto~ said public improvement herein- above more particularly described and set forth, in the City of Anaheim, by said con~actor, be, and the same are hereby, accepted subject, nevertheless, to all the terms, conditions and provi- sions 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 evi- denced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of com- pletion, excepting only such Sum or sums as may lawfully be withheld in accordande with the provisions of said contract and contract documents. That acc~ptance by the contractor of said payments made in accordance with said final estimate shall op~r- ate 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 any- thing 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. -3- ATT-40 ~ .~ 'I THE ~OREGOING RESOLUTION is approved and adonted by the City Council of the City of Anaheim this ~ day of' January ,198"0. ATTEST: ,~ ~ ~ r ! f'. ;.,. STATE OF ~ ) COUNTY or OIuGE ) ss. CITY OF ANAEIK ) 1 I , I i ~he L~:~I~~,,:O::~~~t~~~y N~:e~:R~~'~~. c~~ir;. ~uc~:;.:. · S:n.b. .:e~~.~.e~~~;bat mee ting provided by law, of the C · ty Gouue 101 f. ri Ute' Ctty'o-fAnar.etm, held Oft' the 15th day of January, 1980, by the following vote of the members thereof: I , AYES: COUNCIL MEMBERS: Overho~t, Kaywood, Bay, Roth and Seymour 1 NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND r FUITHIIIl CERTIFY that the Ma~~r of the City of Anaheim signed said Resolution 10. 80R-19 on the 15thlday of January, 1980. IN WITNESS ~UOF, I have hereunio., set my h.nd and affixed the seal of the Ci ty of Analleim th1-s l'.5th day of ~.nuary, 1980. (SEAL) , : ~ ! :I...~ . .... ... .~ . OF{);. Cr"-"OF AllAREIM I i I I, LINDA D. ROBERTS, City Clerk 0; the City of Anaheim, do hereby certify that the foreaotea is the original of ,solution No. 80R-19 duly passed and adopted by the Anaheim City Council on Ja uary 15, 1980. , -~~.(#~ '. . I1'Y CLDK ) ;: T