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78-464RESOLUTION NO. 78R -464 A RESOLCITTOi; i�F THE CITY cotJIN H, OF THE CITY OF ANAIIET�' FINALLY ACCEPTING `I'IIE ;OP7PLETION AND THE FUR ;JSPING OF ALL PLANT TX OR, SER- VICES, MATLIk I ALS AID EQUIPMENT i�, ir) AIA, UTILI- TIES AND TRANSPORTATIOiv I114'CLUDf`r f'()WER, FUEL AND WATER, A14D THE PERFORPIANCE O I�' ALL WORD NECESSARY TO CONSTRUCT AND COMPLr?iT, THE FOLLOW- ING PUBLIC lk'['PC�VEMENT , TO WIT: CANYON RIM ROAD AND FAIRMONT BOULEVARD STREET IMPROVEMENTS, WORK ORDER NOS 763 — 782 — 1265, 2124 and 2296; AND 781 -B, 2293, 2294 and 2295 ACCOUNT NO. 13- 792 - 6325 -2090 (1978 - 1979). 6JHERE?�S , the City Council of the Cit. -y of Anancim c! i d cause to be Published in a newspaper of general circulatic printed, pub!i_shed and circulated in the City of Anaheim, to wit: The Ana:leim Bulletin, on th 14t and 21st days of Oct , 1976 _, a notice inviting sealed :�roposals or furnishing; the following: All plant, labor, services, materials and equipment, and all utilities and '-ransportation, including power, fuel and water, and performing all wort: 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 Eng,in -er or City Clerk of the City of Anaheim, the following public improvement, to wit: Clearing and grubbing, excavation, import borrow, construction of A.C. pavement, aggregate base, P.C.C. curb and gutter and curb, P.C.C. sidewalk, driveways, and textured concrete, reinforced concrete retaining wall, P.C.C. terrace drains, installation of irrigation facilities, landscaping, hydromulch and ground cover, modification of water services, construction of R.C.P. storm drain including manholes, catch basins and junction structures, construction of V.C.P. sewer and man— holes, installation of survey monuments, and all appurtenant work in accordance with the plans and specifications on file in the Office of the City Engineer, Account No. 13- 792 - 6325 -2090 (1978 - 1979). in accordance with the designs, plans, profiles and specifica- tions prepared b_y the P Wo D epartment and the notice inviting seated proposals, which sa —- notice -1- ATTY -40 specified that sealed proposals as specified in said notice would be received up until 2:00 o'clo d: P.M. of the 4th day of November , 19 , and which said notice df_ d 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 execute 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 November 4 , 19 , at the hour of 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, 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 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 next - - - - - regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 9th day of N aVemb Q r 19 'Z 6 at the hour of 1:30 OTC lock P . M. , consider the sealed propo -- sas submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by C. W. POSS. INC.,, 7 459 L o a Circle Htlntin Beach California 9;)647 7 fo'r the cnstruction, installation and completion of said Cany Rim Rond and Fairmont Boulevard Street Improvements, Work Order Nos. 7Q - R, 78? - B, 1265, 2124 and 2296, Account ATn 13 -7Q2 63?� -2Q9� hereinabove mentioned and described, was the lowest responsible proposal submitted there- for, 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 neces- sary to construct and complete, in a good and workmanlike man- ner, 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 m for and on behalf of the City of Anaheim with said contractor, which said contract was duly made and entered into on the 15th day of Novemb erl 9 7 l ; 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 con- struction and completion, in a good and workmanlike manner, in -2- ATT -40 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 th Department , and the contract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the public Wor4s Department has duly certified to the construction and completion of sa 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 WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract and the contract documents, and that notice of completion should he 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 per- formance of all work necessary to construct, install and com- plete 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 herein - above 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 provi- sions 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 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 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 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 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- ATT -40 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of July_ V 197 8 - A-1 -- Y OF'ANAHEIM MAYOR 01 111E CIT ATTEST: CITY CLERK - 5"HE CITY OF 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. 78R -464 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of July, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 78R -464 on the 18th day of July, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of July, 1978. LINDA D. ROBERTS, CITY CLERK BY �` .:' is '� c C C'� �k ' -.C' DEPUTY CITY CLERK (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R -464 duly passed and adopted by the Anaheim City Council on July 18, 1978. LINDA D. ROBERTS, CITY CLERK BY DEPUTY CITY CLERK f