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80R-032 ~ ~ ,~, RESOLUTION NO. 80R-32 A RESOLUT~ON OF THE CITY COUNCIL OF THE CITY OF ANAHEI FINALLY.ACCEPTING THE COMPLETION AND THE F RNISHINGOF ALL PLANT, LABOR, SER- VICES, MA ERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND!TRANSPOR1ATION INCLUDING POWER, FUEL AND ~ATER, AND THE PERFORMANCE OF ALL WORK NECE~SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING IPUBLIC IMPROVEMENT, TO WIT: SLURRY SE4L CONTRAOT, IN THE OITY OF ANAHEIM, ~qCOUNT NO. 01-232-6340-00002. WHEREAS, tjhe City Council of the City of Anaheim did cause to be PUbliSh$. in a newspaper of general circulation printed, pUblishedd circUl.ated in the City of Anaheim, to wit: The Anaheim Bulleti, on Febfuar1 22. 1979, qnd March 1 h ' 9~, a notice inviting sealed proposals for ~urnisring the following: All plant, labor, services, materials and equipment, and all utiliti~s and transportation, including power, fuel and water,i and performing all work necessary to construct and c~mplete in a good and workmanlike man- ner, in strict ~ccordance with the specifications, plans and drawit'1gs therefor on file in the Office of the City Engine~r or City Clerk of the City of Anaheim, the fOllowing p~blic improvement, to wit: Application of lurry seal, consisting of a mixture of asph iltic emu~sion, mineral aggregate, an a celerato~ and water, upon existing roadwa surface at such locations and s'reets in be City of Anaheim indicated by and to the s tisfaction of the Director of Public Works All wo~k to be done in acco~4ance with the specttications for this project on filel~. n the Otfice of the City Engineer, Acco~t No. 01-232-6340-00002. ~, in accordance with t ~ design$, plans, profiles and specifica- tions prepared by and the noti~e invit notice , -1- r, ""'" .,~ specified that seale~ proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 8th __ day of March i ,1979 ,and which said notice d:r-a- state and declare th~ purSUiTIt to the provisions of Section 1770 of the Labor Co~e, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exec~te said contract, and did state that the prevailing hourly waf'e scale so ascertained was on file in the Office of the City Cerk; and WHEREAS, on , l'Iar~~ 8 , 19~, at the hour of 2:00 o'clock P.M~, the City erk and t'he C1.ty Engineer of the City of Anahe1m did open said sealed proposals received up to that time for he furnishing of all plant, labor, services, materials and equipmnt, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and comrilete, in a good and workmanlike manner, in strict accordance wi~h the specifications, plans and drawings therefor on file in ~he Office of the City Clerk of the City of Anaheim, the public ~mprovement hereinabove more particularly described and set fo~th, in public, in the City Council Chamber in the City Hall, An~heim, California, and the' City Engineer did tabulate the result ~f sai~6~~~~ed proposals and did make a report to the City Council ~t its ~ subsequent regular meeting; and WHEREAS the jCity Council of the City of Anaheim did, at its MMttS&68Siquerb regular meeting, held on the 20th day of ",arch ,1197~, at the hour of 1:30 o'clock P.M., consider the sealed PlropOSils submitted for furnishing the materials and perfor~ng the work hereinabove more particularly described and set fo~h, and did thereupon find and determine that the sealed propolsal submitted by TED R. JENKINS, 5400 Th~ and comple~ion 0 said of Anaheim, '-, ; hereinabove mentioned and described, was the lo~st responsible proposal submitted there- for, and thereupon ac~epted said bid and did award a contract to said contractor for furnishing all plant, labor, services, materials and equipmept and all utilities and transportation, including power, fuel. and water, and performing all work neces- sary to construct and/complete, in a good and workmanlike man- ner, in strict accord', nee with the specifications, plans and drawings, the said pu~lic improvement as specified in said notice inviting seale~ 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 w,s duly made and entered into on the 26th day of M~r~~, 19~; and WHEREAS, the ,aid contractor has furnished all plant, labor, services, mateiials and equipment and all utilities and transportation, and p rformed all work necessary for the con- struction and completon, in a good and workmanlike manner, in -2- ATT-.40 I~ ,,,,,",,, ,.~ i strict accordance wi~ the specifications, plans and drawings of said public impro~~ent as specified in the notice inviting sealed proposals and ;in the detailed designs, plans, drawings and specifications p~epared by th~ P~ltc Wprks De~1:~"'nt .. , an t e contract made and entere nto with sa~d contractor by the City of Anaheim: and WHEREAS, t~ City Council finds that said contractor has completed said p~lic imp~vement hereinabove more particu- larly described in adbordancewith the provisions of the con- tract and the contracft documents, and that notice of completion should be filed and ~yment of the balance due said contractor authorized in accord~ce with the contract documents. - NOW, THEREF~RE, BE IT RESOLVED by the City Council of the City of Anaheim ~at all plant, labor, services, materials and equipment and all utilities and transportation, and the per- for.mance of all work ~cessary to construct, install and com- plete in a good and wprkmanlike manner, in strict accordance with the specificatio~, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenancep thereto, said public improvement herein- above more particular~y described and set forth, in the City of Anaheim, by said cont~actor, be, and the same are hereby, accepted subject, nevertheless. to all the terms, conditions and provi- sions of the contract documents, and that the balance due said contractor for said wprk be paid to said contractor thirty-five '(35) days from and after final acceptance of said work as evi- denced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of com- pletion, excepting only such sum or sums as may lawfully be withheld in accordanc~ 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 oper- ate 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 any- thing 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 FWRTHER RESOLVED that the Mayor be, and he is hereby, authorized'to execute and file a notice of completion of said work as requited by law. -3- ATT-40 [1 .r") "'"'" -4 THE FOREGPING RESOLUTION is approved and adopted by the City Council! 'of the C'ity of Anaheim this 22nd day of Januarv . 19!~. r--t. ATTEST: /jh ~.~. .; ;-, ~ <l'& a,,~;. tI<J~r , ; ~ II ,~ ',' ,.,..... .~ STATI OF ,c,.\I.I~ORNIA ) COU!CY OS 0I.ANta ) ss CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City f~erk of th~ City of Anaheim, do hereby certify that the foregoing Resolution N~t 80R-32 w~s introduced and adopted at a regular meeting provided by law, of i the City Council of the City of Anaheim held on the 22nd day of January, 1'$0, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: /l)verhol t, !Caywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: ~one ABSElIT: COUNCIL MEMBERS: )lone AND I FURTHER CERTIFY that! ~he Mayor pf the City of Anaheim signed said Resolution No. 80R-32 on t.. 22nd day of January, 1980. IN WITNESS WHEREOF, I have.. nereunto s~t my hand and affixed the seal of the City of Anaheim this 22nd ..y of January, 1980. ~'J.f)~ CI'lY C ... OF 'DIE' CI'lY F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City ~~erk of the City of Anaheim, do hereby certify that the foregoing is the Origit'~l of Reso1ution No. 80R-32 duly passed and adopted by the Anaheim City Counci on January 22, 1980. ~.-,.~i).~ CI'lY CLERK , Ii ') ) ~ I )