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1975-562RESOLUTION NO. 75R-562 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 UTILI— TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: LA PALMA AVENUE STREET IMPROVEMENT, SUNKIST STREET TO STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER N0. 737—Bo 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 7th and 14th days of August 19 75 7x, a notice inviting seal -e-& proposa s 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 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: La Palma Avenue street improvement, Sunkist Street to State College Boulevard, in the City of Anaheim, con- sisting of heater -planing and heater -remixing existing A.C. pavement, the application of A.C. pavement reju- venating agent, placement of pavement reinforcing fabric and A.C. pavement overlay, adjustment of water valve boxes and manholes to grade, installation of traffic loops., and appurtenant work in accordance with the plans and specifications on file in the Office of the City Engineer, Work Order Wo. 737-B. in -accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sea a proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 28th day of -August , 19 75 , and which said notice did state anT declare 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 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 -1- WHEREAS, on August 28 , 19 75 , 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, servi- ces, materials and equipment, and all utilities and transporta- tion, 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 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 next - - - regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next - - - regular -meeting, held on the 2nd day of September ,19 75, at the hour of 1:30 of oc P.M,, consider the sealed 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 BLAIR PAVINOp INC., 20_0__. Intrepid Street Ne ort Beach, California 92660 _ Mor the construction, installation an comp et on of said_ La Palma Avenue street-im rovement Sunkist Street to State College Boulevard in the Cit of Anaheim Work Order No. 737-B, hereinabove ment oned an 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 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 5th day of September 19 75 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 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 Public works Department , and the contract madeand-­ entered into with said contractor by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion o 0a 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 -2- WHEREAS, the City Counci3. 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 be filed and payment of the balance due said contractor authorizes: in accordance with the contract documents. 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 per- formance of all work necessary to Construct, install and con- 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- dence 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 accordance with the provisions of said contract and contract documents. That 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 offi- cers, 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 and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 28th day of October , 1975 . i . ATTEST: C TY CLERK OF THE ITY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORA1MGE ) ss. CITY OF &W -1E III ) t, ALOHA 11. d0UGAiWq City Clerk of the City of Anaheim, do Hereby certify that the foregoing Resolution Ao. 75R-562 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held oil the 23th day of October, 1975, 17.f the following vote of the taembers thereof: iViES : COUNC1L u;J.ir;i;-E;S : Kaywood, Seymour, Pebley, Sneegas and Thom :10ES: COUXIL NL'j'I3Fct5: :ione E`WSZNT : COUNCIL 11 . liyI done iMD I FUItEULGR 0141 IYY that the Mayor of the City of Anaheim approved and signed said Resolution 14o. 75R--7-)6),,2- on the 23th day of October, 1975. Lel iJT`r's�LSS jti i l:i��.)t , 1 'iave :rereunto set my hand and affixed L.ie seal of the City of Anahei,a this 2%,th clay of Uctober, 1975. Cliff' C1,�I:C� OF T:i-L' CIrft OF A iAi.iE M i, i'►LOITA 11, dOUGAIW 9 City Clerk of the City of Anaheim, do h::."e5.,- certify that the foregoing is the original of resolution Bio. ►::-��2 duly passed and adopted by the Anaheim City Council on October 2ts, 1975. City Clerk ff