Loading...
1982-569 RESOLUTION NO. 82R-569 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 ~ND 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: RIVERDALE PARK IMPROVEMENTS, 4545 EAST RIVERDALE AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. l6-822-7103-2202C AND 16-822- 7103-22150. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of ~eneral circulation printed. published and circulated 1n the City of Anaheim, to wit: The Anaheim Bulletin. on the 14tb aq~.21st days of Januart -" , 198 , a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and 'transportation, 1nclud1np; 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 draw1n~5 therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement. to wit: \ Riverdale Park improvements, 4545 East Riverdale Avenue, in the City of Anaheim, consisting of furnishing all labor, material and equipment necessary for all improve- ments associated with the park development including, but not limited to, sitework (clearing and grubbing, demolition, grading, etc.), parking lot, ballfield, sewer, electrical, landsoaping, irriga~ion and play equipment. The work included for the Alternates (play equipment, street lights, picnic shelter and restroom/ maintenance building is not limited to~concrete, masonry, doors and windows, roofing, painting, electri- cal, mechanical and plumbing and shall be accomplished in accordance with plans and specifications for this project on file in the office of the City Engineer, ~ccount Nos. 16-822-7103-2202C and 16-822-7103-22150, in accordance with the des1Ens, plans.l_prof11es and specifica- tions prepared by tbe Public Works uepar~ent and the notice inviting sealed proposals, which said notice , ATT-40 -1- specified that s~dled proposals as specified in said notice would be received up until 2:00 o'clo.ck P.M. of the 4th. day of February · , 1982 , 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 aseertained was on file in the Office of the City Clerk, -"\ and \t1HEREAS J on the 4th day ot Februarv . 19 82 J at the hour of "2:00 o'clock. P.M., the C1ty Clerk and the C1tY~R1neer or the City of. Anaheim did open said ~ealed proposals" received up to that time for the furnishing or all plant, labo~J services, materials and equ1pment. and all utilities and transportation, 1n- clud1n~ 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 draw1ngs therefor on file in the Orr1ce of the City Clerk or the City or Anaheim, the pUblic improvement hereinabove more particularly described and set forth, in public, in the City Council Chambe~ in the City Halli 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 re~ular meeting; and -". . WHEREAS, the City Council of the City of Anaheim did, at its second subsequent regular or adjourned regular meeting, held on the .L01:ft day of February . 19 82, at the hou!' ot 1: 30 o'eloek P.M.. consider the sealed propoiirs subm1tted tor furn1sh- 1n~ the materials and performing the work hereinabove more particu- larly described and set forth, and did thereupon rind and determine that the sealed proDosal submitted by T.J. CROSBY CO. J INC., 2836. West Fifth Street, Santa Ana, California 92703 for the "construction, installation and completion of said Riverda'e Park DB rovements 4545 East Riverda1e"Avenue in the y 0 a e m, ccoun 08. an J " 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. se~vloes, 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 specif1cations, 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 15th day of March ,1982 j 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 -2- accordance with the specifications, plans and drawings of said pUblic improvement as specified 1n the notice inviting sealed proposals and 1n 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 or 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 complete in a good and workmanlike manner, 1n strict accordance with the specifications, plans and drawin~s 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 ot 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 of~1cers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for anything relat1n~ to the work or any act or ne~lect 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. -3- .............,,;a... ..~. .... .. ......................................................... .---...........................~ THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 30th day of November , 19 82 . ~- MX E CI OF ANAHEIM ATTEST: ANAHEIM 1& 11-22 -82 " .....--...._1.... _. ........ .._ -'.K" . ........~............-..~,.....~". .....~_~..~...~ .~=~.~..... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-569 was introduoed and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 30th day of November, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R-569 on the 30th day of November, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of November, 1982. ~.f1..)~ CITY CL~RK OF THE CIT F 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. 82R-569 duly passed and adopted by the Anaheim City Council on November 30, 1982. ~#~,~~ CITY CLERK