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80R-200 RESOLUTION NO. 80R-200 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: WEST STREET STREET IMPROVEMENT, WIS FROM SOUTH STREET TO HAMPSHIRE STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 47-792-6325-2560. 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 24th and 31st days of Januarv , 19~, 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: West Street street improvement, wls from South Street to Hampshire Street, in the City of Anaheim, consisting of clearing and grubbing; excavation; construction of P.C.C. curb, gutter, sidewalk, access ramps and drive approaches; 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. 47-792-6325-2560. 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 ATT-40 -1- " .'""'''~'~-''''''''''"'''''''''''.~ ..,...,.................. '."""-"'-"'"''.~--~'-''' ._-" ,- specified that sealed proposals as spcci j i cd in said notice would be received up unt i 1 2: 00 0' c 10C' k )' tl. of the .J..All. day of February , 19~, and which said notice di(r state and declare t~at, pursuant to the rrnvisions of Section 1770 of the Labor Code, the City Council nf the City of Anahej~i 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 Februarv 14 ,19...811-, at the hour of o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said sea 1 cd proposals recei V(.d up to that time for the furnishing of all nlant, labor, services, materials and equipment, and all utilities And transportation, including power, fuel and water, and performing all work nec('ssarv to construct and complete, in a good anrl 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 Chamb~r 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 ~*xxxxxxxxxXxxregular meeting; and second subsequent WHEJ-EAfua the City Council of the City of Anaheim did, at itsS~xx~~xx~~~~Q regular meeting, held on the 26th day of cfcebr'tary , 19 6-0-, at the hour of 1:10 o'clock P.M., consi er t e seated proposals submitted for furnishing 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 WAYNE STEVENS, 25322 Via_ pipnr;:1 Rnj;:1, T.rigl1nri NigllP1 (';:11 ifnrni;:1 q?667 ___ ror the construction, instailation and completion of said _____ ~~~; :~r~~t ~~(e7t iwprove~:~~: ~~ ~~~w ~~Ui~ ;~~e~~ ~Q ~ampRbire Street, In the Clty of Ana_____ ___0___ N__ -------__2_-/._60 hereinabove mentioned and described, was the lowest responsible proposal submitted 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 Ana~eim 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 6th day of March , 19 80 ; 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 A TT-40 -2- 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 Dlans 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. NOH, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equiDment and all utilities and transportation, and the per- formance of all work necessary to construct, install and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawin~s therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appur- tenances thereto, said public improvement hereinabove more parti- cularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, never- theless, 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 provisions of said contract and contract documents. That acceptance by the con- tractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City o~ Anaheim, its o~ficers, 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. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day of May , 19-81). ATTEST: LINDA D. ROBERTS, CITY CLERK BY' ~<<-/;?S~ DEPUTY CITY OF THE CITY OF ANAHEIM Ifm t :/ /1 /' 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-200 was introduced and adopted at a reg11lar meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of May, 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-200 on the 6th day of May, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of May, 1980. LINDA D. ROBERTS, CITY CLERK V ~~l. (-. / {J BY .x,,<.f/'/ /Y'ItL /{-~ DEPUTY CITY CLERK (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-200 duly passed and adopted by the Anaheim City Council on May 6, 1980. LINDA D. ROBERTS, CITY CLERK BY .'-.. /' '/tr. /,"" /f ) -r ~.,' l~{jj; ~~{--t:-/'.A /,)..- ~ DEPUTY CITY CLERK