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87-062RESOLUTION NO. 87R-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (LA PALMA AVENUE STREET IMPROVEMENT) WHEREAS, the City Council of the City of Anaheim did cause to be published in the Anaheim Bulletin on the Publication Dates set forth in Exhibit A, a notice which: invited sealed proposals for the public work (Project) as described in Exhibit A in accordance with the designs, plans, profiles and specifications prepared by the Public Works Department; declared that said proposals would be received up until 2:00 o'clock P.M. on the Bid Opening Date set forth in Exhibit A; stated 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 Project; and stated that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on the Bid Opening Date 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, 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 Clerk of the City of Anaheim, the Project 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 a meeting held no later than thirty (30) days after the bids were opened; and WHEREAS, the City Council of the City of Anaheim did 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 the Lowest and Best Responsible Bidder set forth in Exhibit A for the construction, installation and completion of said Project hereinabove mentioned and described, was the lowest and best responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said contractor for furnishing ail plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing ali work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings, the said Project 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; and WHEREAS, the said contractor has furnished ail plant, labor, services, materials and equipment and ali utilities and transportation, and performed ail work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said Project 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 made and entered into with said contractor by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said Project 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 Project 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 ali plant, labor, services, materials and equipment and all utilities and transportation, and the performance 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 Anaheim, together with the appurtenances thereto, said Project hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, nevertheless, to ali 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 contractor 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. BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute completion of said work as required by law. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, directed to cause said Notice of Completion to be recorded in the Office of the County Recorder within ten (10) days of the date of this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of March, 1987. MAYOR~OF TH~NAHEIM ATTEST: CI¥¥ CLERK OF THE CITY OF ANAHEIM BG/jb 608ZM 030487 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-62 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of March, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-62 on the 10th day of March, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of March, 1987. CITY CLEltK- O'F ~fHE CITY OF ANAHEIM~-~- (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-62 duly passed and adopted by the Anaheim City Council on March 10, 1987. CITY CLER~i ~F THE CI~OF ANAI~B%-M~ EXHIBIT A PROJECT: La Palma Avenue street improvement 1145' E/o Sunkist Street to Sunkist Street in the City of Anaheim consisting of clearing and grubbing; excavation; construction of P.C.C. curb, gutter, sidewalk and drive approach; A.C. planing; heater remix; application of rejuvenatin~ agent; asphalt concrete; adjustment of water valve boxes and manholes to grade; and all appurtenant work as shown on the plans and delineated 'in the specifications on file in the office of the City Engineer. Account Nos. 15-793-6325-E3170 & 51-484-6993-00710 & 51-479-6993-00589. LOWEST AND BEST RESPONSIBLE BIDDER: R.J. NOBLE COMPANY 15505 E. Lincoln Avenue P.O. Box 620 Orange, California 92666 PUBLICATION DATES: October 9, 1986 & October 16, 1986 BID OPENING DATE: October 23, 1986 PKEVAILING WAGE RATE RESOLUTION NO: 86R-47 AI~'ABD DATE: November 12, 1986 AWARD RESOLUTION NO: 86R-507 CONTRACT PRICE: NINETY NINE THOUSAND, ONE ttUNDRED FORTY TWO DOLLARS AND 00/100 ($99,142.00) CONTRACT COHPLETION DAYS: Thirty (30) LIQUIDATED DASIAGES: ONE HUNDRED DOLLARS '($100.00) per day 5741H