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1982-062 ...-....... RESOLUTION NO. 82R-62 ,<- 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 EQUIPMEN'T 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: PATT STREET NEIGHBORHOOD AREA STORM DRAIN IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-79l-6325-E12l0. WHEREAS, the City Council of the City of Anaheim did eause to be published in a newspaper of general circulation ~rinted, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 28th day qf May and 4th day of June -- , 19 81, a notice inviting sealed proposals for furnishing the fOllowing: All plant, labor, services, materials and equipment, and all utilities and transportation, includinR power, fuel and water, and performing all work necessary to ' construct and complete in a ~ood and workmanlike man- ner, in strict accordance with the specifications, plans and drawin~s therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the fOlloWing pUblic improvement, to wit: Patt Street neighborhood area storm drain improvements, in the City of Anaheim, consisting of constructing 33", 27" and 18" R.C.P.; P.C.C. manholes, catch basins, side- walk, curb and gutter and all appurtenant work in accord- ance with the project plans and delineated in the speci~ fications on file in the office of the City Engineer, Account No. 25-79l-6325-E12l0, ~ in accordance with the designs, plans, profiles and specifica- t~ons prepared by the Public Works Dep~rtment and the notice inviting sealed proposalS, which said notice , A'll -40 -1- - . ,....-... specified that Sl. .ed proposals as specifiea ...n said notice would be received up until 2:00 o'clock P.M. of the 18th' day of June . , 1981 , and wh ich said not ice did state and declare that, pursua~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 seale so ascertained was on file in the Office of the City Clerk, and -... \-IHEREAS, on the 18th day of .Tl1n~ , 19lil......, at the hour of 2:00 o'clock P.M., the City Clerk and the Clty-rn~ineer ot the City of Anaheim did open said s~aled 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 perfiorming all work necessary to construct and complete, in a good and w,orkmanlike 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 re~ular meeting; and . - WHEREAS, the City Council of the City of Anaheim did, at its second sUbsequent regular or adjourned regular meeting, held on the 7th day of July, 19 81, at the hour of l: 30 o'clock P.M., consider the sealed proposals submitted for furnish- in~ the materials and performin~ the work hereinabove more particu- larly described and set forth, and did thereupon find and determine that the sealed proposal submitted by ~ELLEY-MORAN, INC., 7252 R mme Tau, Suite 206, Cano a Park, California 91303 fOT the construction, installation and comp etion 0 said Patt Street Neighborhood Area storm drain improvements, in theC1ty ot Anaheim, Account No. 25-79l-6325-E12l0, ,."......," 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 furnishin~ 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 5th day of Auqust , 19i1l:-j 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 , -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 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. 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 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 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. -3- ....-,.." ~o,.-\ -. STATE OF CALIFORNIA ) COutTY 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. 82R-62 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Ana~eimhe1d on the 2nd day of February, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour ~.- NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 82R-62 on the 2nd day of February, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of February, 1982. LINDA D. ROBERTS, CITY CLERK ~-- ~.Y~ DEPUTY CI CLERK BY (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-62 duly passed and adopted by t~e Anaheim City Council on February 2, 1982. LINDA D. ROBERTS, CITY CLERK ",,-.. ny ~~ Zf\~ ~ ~ '-".. ~. " - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of February , 198~. '"""" ATTEST: LINDA D. ROBERTS, C11Y CLERK DEPU~Y tI~~ 2lc~ ~EIM /fm ~ '"'"'"" ...