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1982-165 ......... ~ RESOLUTION NO. 82R-165 A RESOLUTION OF THE CITY COUNCrL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLAN~, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUpING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT ANp COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, ~O WIT: EAST STREET STREET IMPROVEMENT~ N/O SANTA ANA STREET, IN THE CITY OF ANAHEIM~ ACCOUNT NO. l2-792-6325-E2800. WHEREAS, the City Council of t~e City of Anaheim did cause to be published in a newspaper of teneral circulation printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the l7th and 2 th days of December , 9 , 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: East Street street improvement, from 490' N/o to 200' N/o Santa Ana Street, in the City of Ana~eim, consisting of clearing and grubbing, excavation, t~e construction of P.C.C. curb and gutter, drive approach and sidewalk, as~ phalt concrete pavement and all appu~tenant work as shown on the plans and delineated in the specifications on file in the office of the City Engineer, Account No. 12-792- 6325-E2800, '--... in accordance with the designs, plans, profiles and specifica- t1Qns prepared by the Public Works Depar~ent and the notice inviting sealed proposals, which said notice , ATT-40 -1- ..,.4...1. - specified that st.._.Led proposals as specifiea in said notice would be received up until 2:00 o'clo~k P.M. of the 7th day of January . , 19 82 , and wh ich said not ice did state and declare that, pursuanr-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 scale so ascertained was on file in the Office of the City Clerk, and \-IHEREAS, on the 7th day of January , 19 82, at the hour of 2:00 o'clock P.M., the City Clerk and the CltY~~1neer of the City of Anaheim did open said ~ealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilit~es and transportation, in- cluding power, ,fuel and water, and perr~rming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, pla~s and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more partricularly 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; ~d ' , WHEREAS, the City Council of the City of Anaheim did, at ita second subsequent regular or adjourned regular meeting, held on the 19th day of January , 19~, at the hour of I: 30 o'clock P.M., consider the sealed propos_Is submitted for furnish- in~ the materials and performing the work hereinabove more particu- larly described and set forth, and did tbereupon find and determine that the sealed proposal submitted by JpSIP KOVAC. 9272 Cloudhaven Drive, Runt in ton Beach Calif. 92646 or the construction, installation and cQmp etion 0 said East Street street improvement, north of Santa Ana Street, in the ~ltf Of Anahelm, Account No. 12-792-6325-E~800 . 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 8th day of . F~bruary , 19~; 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- ~ *" ,'..; 1 - i ....... 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 desctibed, 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 herein.bove more particularly described in accordance with the provisi~ns 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 tran$portation, 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- .4 . 4:1 ,....... THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of March , 198~. ATTEST: ~~~ANAHEIM = .,b... .., STATE OF CALIFORNIA ) COUNTY or ORANGE ) ss. CI'rY OF ANAHEIM ) .~ I, LINDA D. ROBERTS, City Clerk of the City of Anah~im, do hereby certify that the foregoing Resolution No. 82R-165 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 23rd day of March, 1982, by the following vote of the ~embers thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth ~nd Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 82R-165 on the 23rd day of March, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of March, 1982. a~ CITY CL~RK . F THE CIT 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. 82RT165 duly passed and adopted by the Anaheim City Council on March 23, 19$2. - ~~~,~ C TY CLERK .,"""""