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78-591 """"'1 ,.-.., RESOLUTION NO. 78R-591 A RESOLUTTD 1 i)F THE CITY COlii~C:TL OF TilE CITY OF ANAllEn~ .' I NALLY ACCEPTING TllE'~m1PLETION AND THE fl1!~;1 SI-~ING OF ALL PLANT ~.A f~OR, SER- VICES, HATe: 1 ALS AND EQUIPMENT i\. iD M,L UTILI- TIES AND TR NSPORTATION INCLUD J l"(' !'OWER., FUEL AND WATER, i~D THE PERFORHANCE (W ALL WORK NECESSARY T rONSTRUCT AND COMPLr1'[ THE FOLLOW- ING PUBLIC tll'P-(iVEMENT, TO WIT: ....-... PERALTA CAN ON PARK IMPROVEMENTS IN THE CITY OF ANA EIM, ACCOUNT NO. 16_t305-6325-000{). vJHERE",S, t h cause to be publish printed, published wit: The Ana!1cim B February ,.roposals tor" rurni City Council of the City 0f AnanciIJ djJ d in a newspaper of general circulat ic.n. nd circulated in tl1e City of Anaheim, to 1letin, on the 2nd and 9th days of -,.e-------..---- --- ----~-.... , 19 10 , a notice inviting seaLed fl1 n~-the following: All plant, lanD, sprvices, materials and equipment, and all utilities a d transportation, including power, fuel and water, and erforming all work necessary to construct and complete Ln a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor nn fil in the Office of the City Engineer or City Clerk of t e City of Anaheim, tne following public improvement, to!wit: Peralta Canyon ark improvements, in the City of Anaheim, consis ing of grading; relocation of chain link fence; con truction of concrete on grade and mow strip; inst llation of irrigation, trees, drain line and sewer 1ne and construction and installation of play equipme t; in accordance with the plans and delineated in t e specifications on file in the Office of the C ty Engineer, Account No. 16- 805-632 -0000 , .-.., , in accordance with ~he desi.~s, _Dlqns, profiles and specifica- tions prepared by the PUbLic Works Department and the notice invl, ing sealed proposals, which- said notice I ....TTY-40 -1- .~ ~. ......-..., specified that sealetl proposals as specified in said notice would be received up! until 2:00 o'clock P.H. of the -16th, day of February I ,19 lH , and which said notice d~ state an( ec are th t, pursuant to the provisions of Section 1770 of the Labor Co e, the City Council of the City of Anaheim had ascertained the revailing rate of wages for each type of labor needed to exec te said contract, and did state that the prevailing hourly wa e scale so ascertained was on file in the Office of the City C erk; and WHEREAS, on Februar , 19l..L, at the hour of 2:00 o'clock P.M , t e City er and the City Engineer of the City of Anahe m did open said sealed proposals received up to that time for he furnishing of all plant, labor, services, materials and equipm nt, and all utilities and transportation, including power, fue and water, and performing all work necessary to construct and com lete, 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 said sealed proposals and did make a report to the City Council t its~ond subseque~tgular meeting; and I!EAS the Ci~ Council of the City of Anaheim did, at its '. Iq subseq L~gular meeting, held on the 28th day of Fe rua ,978, at the hour ofl:30 o'clock P.M., consider the sealed roposals submitted for furnishing the materials and perfor ing the work hereinabove more particularly described and set fo th, and did thereupon find and determine that the sealed prop sal submitted by ROY C. BARNETT. 1253 West Church. Riversi e. California or the construction installation and comple~ion 0 said Peralta Can on Park rovements in the Cit of Anaheim Account No. 16- 0 -6 5-0000 ,~ hereinabove mentioned and west responsib e proposal submitted there- a cepted said bid and did award a contract to said contractor for furnishing all plant, labor, services, materials and equipmnt and all utilities and transportation, including power, fue and water, and performing all work neces- sary to construct an complete, in a good and workmanlike man- ner, in strict accor ance with the specifications, plans and drawings, the said p blic improvement as specified in said notice inviting seal d proposals, and did authorize the Mayor and the City Clerk 0 the City of Anaheim to execute a contract for and on behalf of !the City of Anaheim with said contractor, which said contract ~as duly made and entered into on the 21st day of March j ,19~; and ! WHEREAS, the ~said contractor has furnished all plant, labor, services, mate ials and equipment and all utilities and transportation, and p rformed all work necessary for the con- struction and completion, in a good and workmanlike manner, in -2- ATT-40 .-, strict accordance wi of said public impro sealed proposals and and specifications p '-... entere nto WJ.th sa WHEREAS, t has dUly certified t public improvement h accordance with the documents duly made WHEREAS, t has completed said p larly described in a tract and the contra should he filed and authorized in accord ..--" the specifications, plans and drawings ement as specified in the notice inviting in the detailed designs, plans, drawings epared by the Public Works DeDa~~men~ , and the contract ma e an contractor by the City of Anaheim1 and e Director of Public Works the construction and completion of said reinabove mentioned and described, in lans and specifications and the contract nd entered into with said contractor1 and e City Council finds that said contractor blic improvement hereinabove more particu- cordance with the provisions of the con- t documents, and that notice of completion ayment of the balance due said contractor nce with the contract documents. NOW, THERE~ORE' BE IT RESOLVED by the City Council of the City of Anaheim hat all plant, lahor,. servic. es, materials and equipment and al utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete in a good and orkmanlike manner, in strict accordance with the specificati ns, plans and drawings therefor on file in the Office of the Ci y Clerk of the City of Anaheim, together with the appurtenanc s thereto, said public improvement herein- above more particula ly described and set forth, in the City of Anaheim, by said con ractor, be, and the same are hereby, accepted subject, nevertheles , to all the terms, conditions and provi- sions of the contrac documents, and that the balance due said contractor for said ork be paid to said contractor thirty-five (35) days from and a ter final acceptance of said work as evi- denced by the adopti n of this resolution, but not sooner than thirty (30) days aft r the date of the filing of notice of com- pletion, excepting 0 ly such sum or sums as may lawfully be withheld in accordan e with the provisions of said contract and contract documents. IThat acceptance by the contractor of said payments made in accqrdance with said final estimate shall op~r- ate and shall be a r~lease to the City of Anaheim, its officers, agents and employees ifrom all claims and liabilities due the contractor for anyth~ng done or furnished or withheld or for any- thing relating to th~ work or any act or neglect of the City, its officers, agents andlemployees, excepting only claims against the City for amounts iwithheld by the City at the time of such payment. ...-.. is of AND BE IT tRTHER RESOLVED hereby, authorize to execute and said work as requ'red by law. 1 that the Mayor be, and he file a notice of completion ATT-40 . -3- ~. .~ THE FOREiOING RESOLUTION is approved and adopted by the City Counci of the City of Anaheim this 5th' day of September , 1.7~. ATTEST: --- ; C~F A1IAIII!:D! /fm ~. ,..... .-. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY or AlWtIIM ) " 1 I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R-59! was introduced and adopted at a'regular meeting provided by law, of ~he City Council of the City of Anaheim held on the 5th day of September, 19U8, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kqywood, Kott, Re_th and Seymour NOES: COUNCIL MEMBERS: ~ne ABSENT: COUNCIL MEMBERS: tt>ne AND I FURTHER CERTIFY that t:Jte Mayor of the City of Anaheim signed said Resolution No. 78R-59l on the 5th day of September, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of September, 1978. ~Il~ CITY CL OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City C~erk of the City of Anaheim, do hereby certify that the foregoing is the origin~l of Resolution No. 78R-591 duly passed and adopted by the Anaheim City Council on September 5, 1978. ~~ , I