1981-332RESOLUTION NU. 81R-332
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE CpMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUnII1G POWER,
FUEL AND WATER, Ai1D THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
PERALTA CANYON PARK MASON RY SPLIT BLOCK
BUILDING/HARDCOURT AREA, IN THE CITY OF
ANAHEIM, ACCOUNT N0. 47-805-7105.
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 22nd and 29th days of January
19 81, a notice inviting sealed
proposals or furnishing the following:
All plant, labor, services, materials and equi"pment,
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:
Peralta Canyon Pazk masonzy split block building/
hardcouzt azea, in the City of Anaheim, consisting
of the design, preparation of working and shop
drawings and the constzuction of, with installation
of fixtures and equipment, complete with utilities,
for the completion of a 1014 + squaw foot masonzy
split block building in accordance with the plans
and specifications developed by the City; construct
a concrete hazdcourt azea, a concrete volleyball
count, miscellaneous concrete walkways.and decking
associated with the masonry split block building as,
shown on the plans and delineated in the spec ificat~ions
on file in the office of the City Engineez, Account
No. 47-805-7105.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Departmen ,
and the notice inviting sealed proposals, which said notice
Arr-ao -1
specified that :.aaled proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 5th day of
February •, 19 81 , and which said notice i state and
ec are 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 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
FIHEREAS, on the 5th day of February , 19 81, 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, in-
cluding 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 second subsequent regular or adjourned regular meeting;
and _.
WHEREAS, the City Council ~of the City of Anaheim did, at
its second subsequent regular or adjourned regular meeting, held
on the 17th day of February , 1981 , at the hour of 1:30
o'clock~M., consider the sealed proposals submitted for furnish-
ing the materials and performing the work hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the sealed proposal submitted by BoB N. SMITH CONTRACTING,
16865 Mt. Collien, Fountain Valley, Cali orniza
for the construction, installation and completion of said
Peralta Canyon Turk masonry split block building/hardcourt a e'r'a; in
the City of Anaheim, Account No. 47-805-7105,
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 furnishing 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 13th day of March , 1981 ; 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 contractor by the City of
Anaheim; and
( ~ WHEREAS, the Public Works Executive Director has duly
certified to the construction and completion of said public im-
provement 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 particularly
described in accordance with the provisions of the contract 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.
NO!~J, 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 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, 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 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
_-~'~ herebyy, authorized to execute and file a notice of completion of
said work as required by law.
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THE FOREGOING
by the City Council of
July 19 81
RESOLUTION is approved and adopted
the City of Anaheim this 14th day of
G~~~~}~,C1~~~
PRO TEM
ATTEST:
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/ f rit
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. 81R-332 was introduced and adopted at a
regular meeting provided by law, of the City Council of the City of Anaheim
held on the 14th day of July, 1981, by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 81R-332 on-the 14th day of July, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 14th day of July, 1981.
CITY CLERK OF THE CI`-7Y OF ANAHEIM
(SEAL)
I, LINDA D. 1~.OBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original of Resolution No. 81R-332 duly passed
and adopted by the Anaheim City Council on July 14, 1981.
(~ CLERK -