78-317RESOLUTION NO • 78R -317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAIIEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS A11D EQUIPME14T AIND 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:
BROOKHURST COMMUNITY BUILDING, SECOND STAGE
CONSTRUCTION, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 881, CA- 0806 -0, EDA 07- 51- 08031
ACCOUNT NO. 16- 4309 - 812 -18 -0000.
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 10th,-.17th-and nth day of
March , 19 77 , 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 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:
Brookhurst Community Building, second stage construction,
in the City of Anaheim, consisting of construction of a
new one story air - conditioned recreation building with
multipurpose room, assembly and craft rooms, lobby and
lounge areas, site improvements with new paved areas and
patios with outdoor recreation facilities and all other
appurtenant work as shown on the plans and delineated in
the specifications on file in the office of the City En-
gineer, Work Order No. 881, CA- 0806 -0, EDA 07 -51- 08031,
Account No. 16- 4309 - 812 -18 -00001
in accordance with the designs, plans, profiles and specifica-
tions prepared by the public Works Departm
and the notice inviting sealed proposals, which said notice
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specified that sealed proposals as specified in said notice
would be received up until 2:00 o'clock P.M. of the 31st
Slav of March 19 77 , and which said notice did
state and declare t at, 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 March 31 , 19 77 , at the hour
of 2:00 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 16th day
of Ma 19 at the hour of 1:30 O'clock P.M.
consider the 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 NEAR -CAL CORPORATION, _
1230 North Blue Gum Street Anaheim, California 92806
or the construction, installation and completion of said
_Broo_khurst Community Building, Second Stage Construction, in th
City of Anaheim, Work Order No. 881, CA- 0806 -0, EDA 07 -51- 08031
Account No. 16- 4309 - 812 -18 -0000,
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
for and on behalf of the City of Anaheim with said contractor,
which said contract was duly made and entered into on the
day of April , 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 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 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 Citv 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.
etc
ATT -40
THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 16th day of
May 197 8
ATTEST:
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