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80R-374 RESOLUTION NO. 80R -3 74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION ANI) THE FURBISHING OF ALL PLANT LABOR, SER- -, VICES, MATERIALS AND EQUIPMENT A:1D ALL UTILI- TIES AND TRANSPORTATION INCLUDIi\i(, POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLFTE THE FOLLOW- ING PUBLIC IEPRCiVEMENT , TO WIT: ANAHEIM CIVIC CENTER - ACCOUNT NUMBER 48 -4309- 984 -12 -0000 WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, pub'ished and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 8th, 15th and 22nd days of December _ , 1977 a notice inviting sealed rroposals Tb furnishin the following: 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The work to be done on the Anaheim Civic Center shall consist of the construction of a seven -story office building of Type I construction with a mechanical penthouse, full basement and service dock; a two - story auditorium building of Type I con - struction attached to the seven -story building; a two -story office building of Type I construction attached to the seven - story building by an elevator core; an eight -level parking structure of Type I construction with a connecting bridge to the main buildings; all concrete site work including walls and paving at the plaza. The Contractor to provide all plant, labor, service, material and equipment necessary to perform all work including site clearance and demolition in strict accordance with the plans and specifications for this project on file in the Office of the City Engineer Account No. 48 - 4309- 984 - 12 - 0000, subject to the completion of the Punch List certified by the Architect and on file in the office of the City Engineer. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice -1- ATTY -40 specified that :aled proposals as specifL-4 in said notice would be received up until 2:00 o'clock P.M. of the 19th day of Ta nary , 1978 , and which said notice did state and d e c lare 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 WHEREAS, on the 19th day of January , 19 78, 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, in- cluding 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 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 regular meeting; and • WHEREAS, the City Council of the City of Anaheim did, at its second subsequent regular or adjourned regular meeting, held on the 31st day of January , 19 78, at the hour of 1:30 o'clock P.M., consider the sealed proposals submitted for furnish- ing the materials and performing the work hereinabove more particu- larly described and set forth, and did thereupon find and determine that the sealed proposal submitted by DEL E. WEBB CORP., Post Office Box 39692, Los Angeles, California 9UUi9 for the construction, installation and completion of said • Anaheim Civic Center construction • 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 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 1st day of February , 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- 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, subject to the completion of the Punch List certified by the Architect and on file in the office of the City Engineer for said Anaheim Civic Center construc- tion. 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 wity 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 described 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 sums as may lawfully be withheld in accordance with the provisionsof said contract and contract documents. The 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, subject to the completion of the Punch List certified by the Architect and on file in the office of the City Engineer for said Anaheim Civic Center construction. -3- ,.4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of August , 1988 IP ATTEST: ( / r C Y LERK OF TH OF A NAHEIM /in --, STATE OF CALIFORNIA ) COUNTY 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. 80R -374 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 19th day of August, 1980, by the following vote of'the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R -374 on the 19th day of August, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of August, 1980. CITY CL'RK OF THE CITY : 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. 80R -374 duly passed and adopted by the Anaheim City Council on August 19, 1980. ITY CLERK