80R-140
RESOLUTION NO. ~140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
FIRE STATION NO. 4 - APPARATUS ROOM REMODELING,
2736 W. ORANGE AVENUE, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 01-911-7107.
WHEREAS, the City Council of the City of Anaheim did
cause to be pUblished in a newspaper of general circulation
printed, published and circulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the 9th and 16th days of August
, 19 79 , a notice inviting sealed
proposals for furnishing 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 man-
ner, 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:
Fire Station No.4 apparatus room remodeling, 2736 W.
Orange Avenue, in the City of Anaheim, consisting of
the enlargement of the apparatus room, including
removal and replacement of the roofing and framework,
and including furnishing and installing new overhead
doors; and all appurtenant work as shown on the plans
and delineated in the specifications on file in the
Office of the City Engineer, Account No. 01-911-7107.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works n~p~rtm~nt
and the notice inviting sealed proposals, which said notice
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specified that ealed proposals as specif. j in said notice
be received up until 2:00 o'clock P.M. of the 30th day of
August , 19 79 , and which said notice did state and
declare that, pursuan~o 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
\offiEREAS, on the 30th day of Al1gl1~t , 19-29.., 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 ~p~nnn 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 11th day of September ,19-1.2., 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 NEWPORT HARBOR CONSTRUCTION,
3471 Via Lido 207 Ne or Bach lif .
for the construction, installation and completion of said
Fire Station No.4 - apparatus room remodelinq, 2736 W. Orange Ave.,
in the City of Anaheim. Account No. 01-911-7107
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 17th day of September , 19-1.2.; 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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strict 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 specifications prepared by the publ ic ~Qpks DeDacftment
, and the contract ma e 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 improvement 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 particu-
larly described in accordance with the provisions of the con-
tract and the contract documents, and that notice of completion
should he filed and payment of the balance due said contractor
authorized in accordance with the contract documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, lahor, services, materials
and equipment and all utilities and transportation, and the per-
formance of all work necessary to construct, install and com-
plete 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, together
with the appurtenances thereto, said public improvement herein-
above 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 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 re
withheld in accordance with the provisions of said contract and
contract documents. That acceptance by the contractor of sairl.
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.
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THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this lst day of
Apr il . 19 _~O.
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~IT ~ O~ ~ ~y OF ANAHEIM
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PRO TEM
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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. 8oR-14o was introduced and adopted at a
regular meeting provided by law, of the City Council of the City of Anaheim
held on the 1st day of April, 1980, by the followin~ vote of the members
thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 8oR-14o on the 1st day of April, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 1st day of April, 1980.
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CITY CI:ERK. OF THE CI'rY OF 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. 8oR-14o duly passed
and adopted by the Anaheim City Council on April 1, 1980.
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. ''-CI TY CLERK
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