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1975-498 ........ - ..--.... RESOLUTION NO. 75R-498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEP~ING THE 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 PERPORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: THE RIO VISTA PARK IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 851. WHEREAS, 'the Cit:y Council of 'the Cit.y 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 24th day of' April and 1st d~ of May. , 19~_L~n' a notice inviting sea ed proposals for furnishing the foIIOWIng: 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Rio Vista Park improvement, in the City of Anaheim, consisting of clearing and grubbing, excavation; con- struction of P.C.C. curb, sidewalk, access ramps, drive approach, steps and retaining walls; and all appurtenant work as shown on the plans and delineated in the speci- fications on file in the Office of the City Clerk or City Engineer, Work Order No. 851. ,'" ~-.... in accordance with the designs, plans, profiles and specifica- tions prepared by . the Pub laC Works DeDa~~e~t and the notice invi tlng seale proposals, w 1c said notice" specified that sealed proposals as specified in said no~ice would be received up until 2:00 o'clock P.M. of the l~th ~AV n~ M~v . 19 7~ . And whi~h RAid n~~iea id WHEREAS, on l.-!ay 15 , 19~, at the hour of 2:00 o'clock P.M., the City Clerk and ~City Engineer of ~he City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servi- ces, materials and equipment, and all utilities and transporta- tion, 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, a~ i~s nex~ - - - regularmeetinq, held on the lirh doy of ~2Y , 1912--, at the hour of ,:JO. o'e oek P.M., consider the sealed proposals submitted for urnishing the materials and performiug the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by JACCO~ONSTRUCTION CQ~, 12922 Haster, Garden Grove, California 92640 for the construction, lrnstallation and completion of said Rio Vista Park Improvement, in the City of Anaheim. ~vork Ord~r 1-10. 851. hereinabove mentioned and described, was the lOWest responsible proposal submitted there- for, and thereupon accepted said bid and did award a con~rac~ 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 ~o 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 for and on behalf of the City of Anaheim with said contractor, which said cont.ract was duly made and eni:ered into on the 30~h day of' May , 19 75 ; and WHEREAS, the said contractor has furnished all plant, labor, services, ma~erials and equipmen~ and all u~ilitie8 and transportation, and performed all work necessary for the con- struction and comp1etion, in a good and workmanlike manner, in stric~ 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, drawi"9S and specifications prepared by -the Public .Works Departlnent , and the contract. made and entered into with said contractor by the City of Anaheim; and WHEREAS, the Director of Pub~q WQr~ has duly certified to the construction an comp etion of said nubl i~ imnrn",:am,:an.... h,:arD;nahn,ra mAnt-;nftAn =-",,;1 ~Aa,...ofhAA of"" ......... .=--,. 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 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 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 drawinqs 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 ~e 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- dence 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 operate and shall be a release to the City of Anaheim, its offi- cers, aqents and employees from all claims and liabilities due ~e 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, aqents and employees, excepting on~y claims against the City for amounts withheld by the City at the time of such payment.. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby au~orized ~o execu~e and file a no~ice of comple~ion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 16th day of Septen1ber , 19.1.5.-. ATTEST: ,r:-. ~ ~ I..~. ~<=<<..,l/ CITY CLERK OP THE C Y OF ANAHEIM .............. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-498 was intro- duced and adopted at a regular meeting provided by law, of the City . Council of the City of Anaheim held on the 16th day of September, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Sneegas AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-498 on the 16th day of September, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of September, 1975. ~)'J7.~~ CITY CLERK OF THE CI OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R-498 duly passed and adopted by the Anaheim City Council on September 16, 1975. ~u:V '}n. ~4-W/~ City Clerk f