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1982-612 .--/ RESOLUTION NO. 82R-612 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: PONDEROSA PARK COMMtmITY BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-818-7105". WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of ~eneral circulation printed, published and circulated in the City of Anaheim, to wit: The Anahe1m Bulletin. on th~ 1st and 14th daxs of January -- , 19-.82, 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 ~ood and workmanlike man- ner. in strict accordance with the specifications, plans and draw1n~s therefor on file in the Off1ce of the City Engineer or City Clerk of the City of Anaheim, the fOlloWing pUblic improvement. to wit: ponderosa Park Commu~ity Building, in the City of Anaheim, consisting of furniShing all materials and labor ne~essary for the construction of the ponderosa Park Community Building at Raster and Orangewood as described in the con- tract documents and delineated on the drawings. The work includes, but is not limited to, sitework, concrete, masonry, doors and windows, roofing, painting, plaster, electrical, ~VAC and plUmbing. All work shall be done in accordance with plans and specifications for this project on file in the office of the City Engineer, Account No. 25-818-7105, ~ 1n accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice J A TT-40 -1- specified that seuled proposals as specified in said notice would be received up ~nti1 2:00 o'clo.ck P.M. of the 3&ah. day of crecIaitPla , 19"--.8.2r and which said notice 1 state and ec are 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 ClerkJ and "' ;1HEREAS, on the 28th day or Januarv . 19B..L. at the hour of 2:00 o'clock. P.M., the City Clerk and the C1tY~~1neer or the City ot.Anaheim dId open said ~ealed proposals. received up to that time for the furnishing or all plant. labor, servIces, materials and equ1pment, 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 draw1n~s therefor on rile in the Office or the City Clerk or the City of Anaheim, the pUblic improvement hereinabove more particularly described and set forth, in public, in the City Council Chambe~ in the City Hallj 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 third subsequen~ re~ular or adjourned re~ular.meet1ng; and ." WHEREAS, the City Councilor the City or Anaheim did, at its third sUbsequent regular or adjourned regular meeting, held on the 16th day or F.:~hl"lL<I-r:i ' 19-1i2, at the hour or 1:30 o'clock P.M., consider the sea ed proposals submitted tor rurn1sh- in~ the materials and performing the work hereinabove more particu- larly described and set forth, and did thereupon rind and determine that the sealed proposal submitted by JESS A~ MINGHELLI COMPANY. Post Of~ice Box 824, Wri htwood, California 92392 for the construct1on~ installation and completion 0 said Ponderosa Park Commun1ty Building, in the City of" Anaheim, Account IQu. 2." - 818 - i 105 ., 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 rurn1sh1n~ 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 ot 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 23rd day of March . 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 complet1on, in a good and workmanlike manner. in strict -2- accordance with the specifications, plans and drawings of said public improvement as specified in 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 or 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equioment and all utilities and transportation, and the per- formance of all work necessary to construct, install and complete 1n a good and workmanlike manner, 1n strict accordance with the speCifications, plans and draw1n~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, 1n 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, a~ents and employees from all claims and liabilities due the contractor for anything done O~ ru~nished or withheld or for anything relating 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- .........~.... ..,........qJI..'...-l,. ,. ~ .:.....w.........". ......-..--___..~.._.___........_.............. . THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of December t 19 83 . MAYO~~~ ATTEST: (--C~~l~AHEIM Ifm 12/20/82 " . -............, on ~._..__.... . ................ ._~........................._ ": ......"" , r~.,.....'-:-'I!. .:..~,~..::.,....;..:.:......_ .,.....~ .~................___.......... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) S8. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-612 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of December, 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-612 on the 28th day of December, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of December, 1982. ~'J~~~ c C~ RK OF THE CITY OF AHEIM (SEAL) I, LINDA D. ROBBRTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-612 duly passed and adopted by the Anaheim City Council on December 28, 1982. ~.-8~-,~ CITY CLERK