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80R-565 r ~ ~, I RESOLUTION NO. 80R-565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM fINALLY ACCEPTING THE COMPLETION AND THE FUR ISHING OF ALL PLANT, LABOR, SER- VICES, MATE TALS AND EQUIPMENT AND ALL UTIL- ITIES AND T ANSPORTATION INCLUDING POWER, FUEL AND WA ER, AND THE PERFORMANCE OF ALL WORK NECESS RY TO CONSTRUCT AND COMPLETE THE FOLLOWING P BLIC IMPROVEMENT, TO WIT: LINCOLN AV!UE TRANSITION ROAD - TOPEKA STREET TO 0 IVE STREET, IN THE CITY OF . ANAHEIM, P ,JECT ACCOUNT NO. 46-792-6325-E2620 WHEREAS, th~ City Council of the City of Anaheim did cause to be published' in a newspaper of general circulation printed, published an~ circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on Auq~st 7 aqd Auqust 14 .. , 19an-, a notice inviting sealed proposals for furnishlng the fOllowing: All plant, labor, services, materials and equipment, and all utilitie~ and transportation, including power, fuel and water, and performing all work necessary to ' construct and co~plete 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: .~ Lincoln Avenue T~ansition Road, Topeka Street to Olive Street, in the City of Anaheim, consisting of clearing and gru~bing; excavation; co~struction of asphalt concrete pavement, curb ~nd s1dewalk; ,con- struction of met.1 beam guard ra11~ construct1on of catch basis, R.C~B. and R.C.P. storm drain; instal- lation of signs; installation of rectangular C.I.P.; adjustment of wa~er valve boxes and manholes to , grade; installat~on of irrigation system; landscap1ng; traffic signal mpdification and loops,~ and all appurtenant work as shown ~n t~e plans a~d delinea~ed in the specifica~ions on f1le 1n the Off1ce of the City Engineer, project Account No. 46-792-6325-E2620 "'. in accordance with th. designs, plans, profiles and specifica- tions prepared by .t.he;pnhlil'! WfI)rks Department , and the notice invltlg sealed proposals, which said notice ATT-40 -1- ~\ ""1 'specified that _Jaled proposals as specifi~~ in said notice would be received up ~ntil2:00 o'clock P.M. of the 28th' day of Auaus~ ' 19~, and which said notice did state and declare t at, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevail ing rate o'f 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 WHE~AS, on the :i8t.h day of ~1qI1Rt- J 19....a.a..., at the hour or 2:00 o'c~ock P. ., the City Cler and the C1ty~~ineer of the City or Anahe~ did open said sealed proposals' received up to that time for thefurnlshing of all plant, labor, servlees, materials and equipm~nt, and all utilities and transportation, in- cludlng power, ,fuel aind water, and performing all work n~cessary to construct and complete, in a good and workmanlike manner, in strlct accordance with the ~ecirications, plans and drawings therefor on file in the Office or the City Clerk or the City of Anaheim, the pUblic improvement h~einabove more particularly described and set forth, in pUblic, lnthe City Council Chambe~ in the City Hall; Anahelm, 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 subse~uent regular or adjourned re~ular.meet1ng; and WHEREAS, the City Councll of the City of Anahelm did, at its sp-cond subsequebt regular or adjourned regular meeting, held on the Qjf day of. SeptemPer, 19JUL, at the hour of 1:30 o'clock P. ., conside~ the sealed proposals submitted for furnish- in~ the materials and performing the work hereinabove more particu- larly described and set forth, and did thereupon find and determine that the sealed proposal subml tted by FTVR STATES PLUMBING. INC... 6~7 .U~ri~nn, Or~n,~, r~li~orni~ q2~~7 for t e construction, installation and completion of said T,in{'lnln A\7~nl1P Tr~n.it:ion Road - Topeka Street to Olive Street, in t-h~ rit-y n~ An~h~im, project Account No. 46-792-6325-E2620 /-.. hereinabove mentloned and descrlbed, 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, materlals 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 speclfications, plans and drawings, the said 'public im- provement as specified in said notice inviting sealed proposals, and dld authorize the Mayor and the City Clerk of the City of ,Anahelm to execute a contract for and on behalf of the City of Anaheim wlth said contractor, which said contract was duly made and entered into on the l~th day of . SeDtembe~ l~~; and WHEREAS, the sald contractor has furnlshed all plant, labor, services, mate~lals and equipment and all utilities and transportation, and p.rformed all work necessary for the construc- tion and completion, in a good and workmanlike manner, ln strict -2- "".... i-" I accordance with the speclfications, 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 con~truction and completlon of said pUblic lm- provement hereinabove mentioned and described, in accordance with the plans and specif~cations and the contract documents duly made and entered into with said contractor; and WHEREAS, tqe City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordaIice 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, THERE~ORE, BE IT RESOLVED by the City Council of the City of Anaheim ~hat all plant, labor, 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 workma~like manner, in strict ~ccordance with the speciflcations, plans and drawings 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 evldenced by the adoption of this resolutlon, 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 o~~icers, agents and employees, excepting only claims against the City for amounts withheld by the City at the time of such payment. , ...-.. '~ AND BE IT FURTijER 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- ,~, ~ THE FOREGpING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this l~t-h day of De~em~Ar . 19&0-. .~, ATTEST: .....-.. .:". '- ,..... ~ STATE OF CALIFORNIA COUlqY OF elANQE CITY OF ANAHEIM ..1 I I, LINDA D. ROBERTS, City i'lerk of the City of Anaheim,. do hereby certify that the foregoing Resolution N . 80R-565 was introduced and adopted at a regular meeting provided by law, 0 the City Council of the City of Anaheim held on the 16th day of December, 980, by the following vote of the members thereof: ) ) ) AYES: COUNCIL MEMBERS: IOverhol t, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: INone I NOES: ABSENT: COUNCIL MEMBERS: Fone i AND I FURTHER CERTIFY that ldhe Mayor of the City of Resolution No. 80R,-565 on ~ 16th day of December, IN WITNESS WHEREOF, I have bereunto set my hand and City of Anaheim this 16th d~Y of December, 1980, Anaheim signed said 1980. affixed the seal of the CIn~~IM (SEAL) I, LIIDA D. ROBERTS, City C~.rk of the City of Anaheim, do hereby certify that the foregoing is the originfl of Resolution No. 80R-565 duly passed and adopted by the Anaheim City Councilion December 16, 1980. ' ~- LJ,D.~~ CITY CLERK , I it] J