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1981-444 - RESOLUTION NO. 81R-444 - 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 EQUIPMENtt AND ALL UTIL- ITIES AND TRANSPORTATION INCL~DING POWER, FUEL AND WATER, AND THE PERFO!RMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION OF STEEL POLE FOPNDATIONS ALONG MIRALOMA WAY AND AVENUE IN THt VICINITY OF ORANGE FREEWAY (ROUTE 57), IN. THE CITY OF ANAHEIM, ACCOUNT NO. 55-668-6329-80580-36400. 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 2nd and 9tp days of April -- , 19.B..l..-, " a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities andtransportatipn, including 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: Construction of steel pole foundations along Miraloma Way and Avenue in the vicinity of Orange Freeway (Route 57), in the City of Anaheim, consisting of the construc- tion of three caisson-type foundations for steel power . poles. The City will furnish only the anchor rods for each foundation. Contractor to furnish all other mater- ial, labor, equipment and tools to complete the project, in accordance with the plans and specifications on file in the office of the City Engineer, Account No. 55-668-6329-80580-36400, ~. '--- in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works D~Dartm.nt , and the notice inviting sealed proposal$, which said notice ATT-40 -1- 'f_. ..;j:b. "T .. .4 1;1 ..- - specified that L ~led proposals as specifi~_ in said notice would be received up until 2:00 o'clock P.M. of the 16th. day of A:,pri1 . , 19~, and which said notice did state and 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 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 ~mEREAS, on the 16th day of April , 1981 , at the hour of 2:00 o'clock P.M., the City Clerk and the C1tY~~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, Zuel and water, and per~orming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, pl~ns and drawings therefor on file in the Office of the City Clerk or the City of Anaheim, the pUblic improvement hereinabove more particularly described and set forth, in pUblic, in the City Council C'hambe;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 second SUbsequent re~ular or adjourned re~ular meeting; and .,' - - WHEREAS, the City Council of the City of Anaheim did, at its ~econd SUbsequent regular or adjourned regular meeting, held on t e ,6ih day of April , 19 81, at the hour of l: 30 o'clock . ., 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 OWL CRANE AND RIGGING, 500' 500 South Alameda Street, Compton, Calif. 90221 for the construction, installation and completion of said construction of steel pole foundatians along Mira10ma Way and Avenue in the vicinity of Orange Freeway (Route 57), in the City of Anaheim, Account No. 55-668-6329-80580-36400, 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, ~n 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 3rd day of June , 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- ',,"_. _ oM. ".0' .......... 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 oontractor by the City of Anaheim; and fJlll'-., \ ... , WHEREAS, the Public Works Ex~cutive 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 fi~ds that said contractor has completed said public improvement here~nabove more particularly described in accordance with the provi~ions 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 RESOLVBD by the City Council of the City of Anaheim that all plant, la~or, 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 drawings therefor on file in the Office of the City Clerk of the City of Anahe1m, 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 sa1d 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- _it _ A - .- " .1lII\l!Iio- __~ _.LL- - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of An$heim this 22nd day of ~Apt- pmhpr . 19 B.l.. ATTEST: ~~~ ANAHEIM Ifrn '"""""\ STATE OF CALIPORNIA ) COUNTY OF ORANGE ) s s . C~TY OF ~M1ED!(- ) I, LINDA D. ROBERTS, City Clerk of the City of ~aheim, do hereby certify that the foregoing Resolution No. 81R-444 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of September, 1981, by the followi~ vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood and Roth NOES: COUNCIL MEMBERS: None ABSEIT: COUNCIL MEMBERS: Bay and Seymour AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 81R-444 on the 22nd day of September, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of September, 1981. ~r fL. )IJ~:a; CI CL RK OF THE CI OF ANAHE1M (SIAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-444 duly passed and a'opted by the Anaheim City Council on September 22, 1981. C2t,.-~.I~ CITY CLE .,......,..-\ ........ ~ ~