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84R-175 RESOLUTION NO. 84R-17~ A RESOLUTION OF THE CITY COUNCIl., OF THE CITY OF ANAHEIM FI~. LY ACCEPTING THE COMPLETION AND THE FURNISH NG OF ALL PLANT, LABOR, SERVICES, MATERIALS D EQUIPMENT AND ALL UTILITIES AND TRANSPORTAT~ON INCLUDING POWER, FUEL AND WATER, AND THE PER~ORMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT I, TO WIT: LAKEVIEW A~NUE/LA PALMA AVENUE STREET IMPROVEMENTi, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 46-792~6325-E2850 and ll-790-6325-E0450. WHEREAS, th~ City Council of the City of Anaheim did cause to be publishe~ in a newspaper of general circulation, published and circul~ted in the City of Anaheim, to wit: The Anaheim Bulletin, on the 26th day of May and the 2nd day of June, 1983, a notice invit~ng sealed proposals for furnishing the following: All plant, labor~ services, materials and equipment, and all utilities ana transportation, including power, fuel and water, and p~rforming 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: Lakeview Avenue/La Palma Avenue street improvement, in the City of Anah~im, consisting of clearing and grubbing, excavation, construction of P.C.C. curb and gutter, driveway and embpssed concrete, construction of 18" R.C.P. storm dra~n and catch basins, construction of base material and A.C~ pavement, installation of traffic signalization anp street light, removal of private sewage disposal systems, construction of 4" and 6" V.C.P. sewer connections, and appurtenant work in accordance with project plans anp delineated in the specifications, Account Nos. 46-792-6325-E2850 and ll-790-6325-E0450, in accordance with the designs, plans, profiles and specifications prepared by the Publ~c Works Department, and the notice inviting sealed proposals, wh~ch said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. on the 16th day of June, 1983, 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 eocecute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and ,""'-'''-''''"',...."..,'.......".-.".-.. - WHEREAS, on the 16th day of June, 1983, at the hour of 2:00 o'clock P.M., t~e City Clerk and the City Engineer of the Ci ty of Anaheim did 'open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and ~ll utilities and transportation, including power, fuel and wat~r, and performing all work necessary to construct and compleite, in a good and workmanlike manner, in strict accordance wiith the speci fications, plans and drawings therefor on file in 'the Office of the Ci ty Clerk of the Ci ty of Anaheim, the public improvement hereinabove more particularly described and set fdrth, 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, th~ City Council of the City of Anaheim did, at a subsequent regular or adjourned regular meeting, held on the 28th day of June, 1~83, at the hour of 10:00 o'clock A.M., consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set fOirth, and did thereupon find and determine that the sealed proposal submitted by PARROTT & WRIGHT CONSTRUCTION COMPANY, Post Office Box 280, Corona, California 91720 for the construction, installation and completion of said Lakeview Avenue/La Palma Avenue street improvement, in the City of Anaheim, Account No. 46-792-6325-E2850 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 furnishing 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 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 3rd day of August, 1983; 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 construction 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 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 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 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 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 public improvement hereinabove more particularly d~scribed 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 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 su~s 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. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of May, 1984. ~~~ MAYOR OF THE CITY OF ANAHEIM ATTEST: ~,,-1lS~ OF THE CITY OF ANAHEIM -- CITY CLERK /fm 2498M 5/7/84 -3- . -_.".,,"'._....._,"""'.._...~.. - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-175 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of May, 1984, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-175 on the 15th day of May, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of May, 1984. ~9I~ CIT~ CLERK OF THE 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. 84R-175 duly passed and adopted by the Anaheim City Council on May 15, 1984. ~eL ~S-~ CITY CLERK --- . --_..~.,.._,_.,.....