80R-105
RESOLUTION NO. .Jlilli::.105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
PEARSON PARK RENOVATIONS, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 16-808-7105-80811.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation
printed, published and circulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the 11th and 18th days of
October , 19 79, a notice inviting 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 fOllowing pUblic improvement, to wit:
Pearson Park renovations, in the City of Anaheim,
consisting of the furnishing of all equipment, material,
labor, transportation, tools and hardware necessary
to complete the re~rading of site, install irrigation
system, picnic tables, trees and turf in accordance
with the plans and specifications on file in the Office
of the City Engineer, Account No. 16-808-7105-80811,
in accordance with the designs, plans, profiles and specifica-
tions prepared by ~p Public WorkR npp~rtrnpnt
and the notice invit ng sealed proposals, which said notice
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specified that scaled proposals as speci Ii ('d in said notice
would be received up until 2:00 o'clock J'.t1. of the 25th
day of October , 19 79 , and which said notice did'
state and declare that, pursuant to the ~rovisions of Section
1770 of the Labor Code, the City Council of the City of Anahej~i
had ascertained the prevailing rate of wAges for each type of
labor needed to execute said contract, ond did state that the
prevailing hourly wage scale so ascertained was on file in the
Office of the City Clerk; and
WHEREAS, on Oc tober 25 , 19 79 , at the hour
of 2:00 o'clock P.M., the City Clerk and thcCity Engineer
of the City of Anaheim did open said sea 1 ed proposals recei v('d
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 nec('ssarv
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 th~ City Engineer did
tabulate the result of said~~~~Jed proposals and did make a report
to the City Council at its7~ subsequent regular meeting; and
WHEREAS the City Council of the City of Anaheim did,
at its ~7[figg~quent regular meeting, held on the 6th day
of NOfiembeL---..' 1979 , at the hour of 1:30 o'clock P.H.,
consider t e sealed proposals 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 HONDO COMPANY, INC.,
e t Santa Ana California 92705
or t e construction, installation and completion 0 said Pears~n
pRrk Rpnnvations, in the City of Anaheim, Account No.
16-808-71n~-RnRll
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 Ana~eim 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 20th
day of Novprnber , 19~; 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
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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 the Public Works
Department , and the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction and completion of 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, 1ahor, 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 op~r-
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.
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THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 11 th day of
March , l~L.
ATTEST:
~F ANAHEIM
/jh
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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-I05 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 11th day of March, 1980, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 80R-IOS on the 11th day of March, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of March, 1980.
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CI~~~~EIM
(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-IOS duly passed and adopted
by the Anaheim City Council on March 11, 1980.
~,)J)~
CI1Y CLERK
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