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80R-242 RESOLUTION NO. 80R-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THF. COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM HILLS BRANCH LIBRARY SITE GRADING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-904-7105 WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of g~neral circulation printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 14th and 21st days of Februarv , 19~, a notice invitin~ sealed proposals for furnishing 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 man- ner, 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 followin~ public improvement, to wit: Anaheim Hills Branch Library site grading, in the City of Anaheim, consisting of performing, providing, installing and paying for all work, materials, taxes and transportation charges involved in the site grading and storm drain installation. All work shall be done in conformance with and as delineated in the specifica- tions as shown on the plans on file in the office of the City Engineer, Account No. 01-904-7105. in accordance with the designs, plans, profiles and specifications prepared by the Public Works Department, and the notice inviting sealed proposals, which said notice specified that sealed proposals -1- as specified in said notice would be received up until 2:00 o'clock P.~,1. on the 28th day of February, 19.!UL, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the (~ity Council of the City of naheirn had ascertained the orevailinv rate of wages for each type of labor needed to execute said contract, and did state that the nrevailin~ hourly wage scale so ascertained was on file in the Office of the City Clerk; and VJHEREAS, on the 28th day of February , 1980 , at the hour 0 f 2: 00 0' clock p.~;r., the City Clerk and the City Engineer of the City of Anaheim did ODen 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 performin~ all work necessary to construct and comDlete, 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 Darticularly described and set forth, in Dublic, 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 fifth subseauent repular or adjourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its fifth subsequent regular or adjourned regular meeting, held on the 1st day of April, 19~, at the hour of 1: 30 o'clock P.M., consider the sealed proposals submitted for furnish- ing the materials and perforwing the work hereinabove more particu- larly described and set forth, and did thereupon find and determine that the sealed nroDosal submitted by FULLER CONSTRUCTION. 25211 Mar.kpn7.ip, T.ali1una Hills. California 92653 for the construction, installation and comDletion of said Anaheim Hills Branch Library Site Grading. in the City of Anaheim. Ar.r.ol1nr No. 01-904-7105 hereinabove mentioned and described, was the lowest resnonsible DroDosal submitted therefor, and thereupon accepted said bid and did award a contract to said ~ontractor for furnishing all plant, labor, services, materials and enuinment and al] utiJities and transDortation, including power, f'uel and TlJater ,'1nd Derforminp' all vlOrk necessary to construct and comDlete, in a vood and workmanlike manner, in strict accordance with the specifications, plans and drawings, the said public im- urovement as snecified in said notice inviting sealed proposals, and did authorize the r1ayor 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 Apr il , 19~; and WHEREA2, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transDortation, and performed all work necessary for the construc- tion and completion, in a pood 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 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equioment and all utilities and transportation, and the per- formance 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 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 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 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 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. -3- ,"",~"".,-,O_","",,,,,,,,,,,~_,,,~,__,'__',,",..___.> THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of Hay 19 8lL. . ATTEST: c)~dti ~'r~ANAHEIM =.".,,-,"".....- --- 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-242 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of May, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay and Roth AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R-242 on the 27th day of May, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of May, 1980. ~-~j;).~ CITY -CL K OF THE CI'IY OF 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-242 duly passed and adopted by the Anaheim City Council on May 27, 1980. '~~ (" .I ./ ., - . , CITY CLERK '''''''''''".....".".~----""..._._._''''._-,......"'''''-".