1981-466
RESOLUTION NO. 8lR-466
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLAiNT, LABOR, SER-
VICES, MATERIALS AND EQUIPME~T AND ALL UTIL-
ITIES AND TRANSPORTATION INCUUDING POWER,
FUEL AND WATER, AND THE PERFqRMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
JOHN MARSHALL PARK DEVELOPMEN~, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 16-812-7103.
eause to
of Anaheim did
pro~osals for furnishing the
All plant, labor, services, materials and equipment,
and all utilities and transportation, includin~ power,
fuel and water, and performing all work necessary to .
construct and complete in a ~ood 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:
John Marshall Park development, in the City of Anaheim,
consisting of clearing and grubbin$, demolition and
removal, grading; installation of AC/AB, PCC curb, curb
and gutter, cross gutter, mow curb, sidewalk, drive
approach, sluice and handicap ramps; pre-cast concrete
products, wood benches; installation of chain link fences,
back stops, brick dust infield, pienic tables, bases,
home plates and pitching rubbers; provide and install
barbecues, portable bleachers, bicycle racks and water
lines, hydro-seeding and landscaping including trees and
ground cover. All wor k shall be d<:>ne 'in accordance with
plans and specifications on file in the office of the City
Engineer, Account No. 16-812-7103.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by the Pqblic Works Deoairtme~t ,
and the notice inviting sealed proposals, wh ch said notice
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specified that _caled proposals as speeifi~d in said notice would
be received up ~ntil 2:00 o'clo~k P.M. of the 2nd day of
October , 19' 80 , and which said notice did 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 exe-
cute said contract, and did state that the prevailing hourly wage
scale so ascertained was on file in the Office of the City Clerk;
and
\-lHEREAS, on the 2nd day of October , 19 80, at
the hour of 2:00 o'clock P.M., the Citt,r Clerk and the. CityEngineer
of the City of Anaheim did open said ~~aled proposals received up
to that time for the furnishing of all. plant, labor, services,
materials and equipment, and all utilities and transportation, in-
clUding power, fuel and water, and pertorming 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 or 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 second SUbsequent regular or adjourned rep;ular meeting;
and ..' .
WHEREAS, the City Council of the City of Anaheim did, at
its second subsequent regular or adj~urned regular meeting, held
on the 14th day of October , 1980 , at the hour of 1: 30
o'clock P.M., consider the sealed prop~sa1s submitted for furnish-
in~ the materials and performin~ the work hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the sealed proposal submitted by GOODMAN & PELOQUIN, INC.,
605 S. Cress Street, P.O. Box 2153, La' Habra, California 90631
for the construction, installation and completion 0 said
John Marshall Park Development, in the City of Anaheim, Account. No.
16-812-7103
hereinabove mentioned and
described, was the lowest responsible proposal submitted therefor,
and thereupon accepted said bid and did award a contract to said'
contractor for furnishin~ 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, the said 'public im-
provement 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 27th day of October , 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 construc-
tion and completion, in a good and workmanlike manner, in strict
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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 speci-
fications prepared by the Public Works Department, and the con-
tract made and entered into with said eontractor by the City of
Anaheim; and
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WHEREAS, the Public Works Ex~cutive Director has duly
certified to the construction and completion of said public im-
provement hereinabove mentioned and de~cribed, 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 particularly
described in accordance with the provi$ions of the contract and
the contract documents, and that notic~ of completion should be
filed and payment of the balance due s4id contractor authorized
in accordance with the contract documents.
NOW, THEREFORE, BE IT RESOLV~D by the City Council of
the City of Anaheim that all plant, la~or, services, materials
and equipment and all utilities and tr~nsportation, and the per-
formance of all work necessary to cons~ruct, install and complete
in a good and workmanlike manner, in strict accordance with the
specifications, plans and drawinp;s theIl'efor on file in the Office
of the City Clerk of the City of Anahe~m, together with the appur-
tenances thereto, said public improvement hereinabove more parti-
cularly described and set forth, in the City of Anaheim, by said
contractor, be, and the same are hereby, accepted subject, never-
theless, to all the terms, conditions and provisions 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 evidenced by the adoption of this
resolution, but not sooner than thirty (30) days after the date of
the filing of notice of completion, 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 con-
tractor of said payments made in accordance with said final estimate
shall operate 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
anything rel~ting 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.
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AND BE IT FURTBER 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 29th day of
September . 19 81 .
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ATTEST:
~{:;j~ ANAHEIM
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STATE OF CALIFORNIA )
COUNty OF ORANGE ) s s .
CtTY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 81R-466 was introdu~ed and adopted at a regular
meeting provided by law, of the City Council of the City of Ariaheim held on
the 29th day of September, 1981, by the fo11owin~ vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
AlSElI1': COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 81R-466 on the 29th day of September, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 29th day of September, 1981.
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CITY CL RK OF THE C TY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-466 duly passed and
adopted by the Anaheim City Council on September 29, 1981.
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