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59R-5114 E- .-,. ~ RESOLUTION NO. 5114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AID Tn FURJiISHING OF ALL PLAKT, LABOR, SERVICES, MA- TERIALS AND EQ.UIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER. A.ND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIC IXPROVEMEHT, TO WIT: PlmLIC BllST ROOM J'ADILI!IU I!l LA P.u.M.A S!l'ADIUM Af LA PA!MA PARK. .AlfADIM. OALIll'OllliIA. JO:B !lO. 418. WHEREAS, the City Oounoil of the City of Anaheim aid cause to be published in a newspaper of general circulation, printed, published and oirculated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 7th and 14th ~s of Auga.st . 19~, a notioe inviting sealed proposals for furnishing the following: All plant. labor. services, materials and equipment. and all utilities and transportation 1II.clud1ng power, tn.el 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 or the City Engineer. the following p11bl1c iaprovement: !he construction and completion of Public ~est ~oom J'acilities in La Palma Stadium at La Palma Park for -_ City of Anaheim. consisting of a 2600 sq. ft. in area. single story concrete block. masonry building with concrete slab floor. wood frame roof and interior wall construction. plaster finiShes. Sheet metal work. composition roofing. ceramic tile. millwork and wood cabinets. toilet par- titions. plumbing. electrical. and all appurtenant work as indicated on the plana. Job Jlo. 438. - in aocordanoe with the designs, plans, prOfiles and speoifica- tions prepared by Rowland & Johnston. Fred T. Johnlton. Architect and the notice inviting sealed proposals, whioh said notioe Ipeci- fied that sealed proposals as speoified in said notioe would be received up until 2:00 o' olock P.X. of the 21st daJ' of Au.ga.st , 19~, and whioh said notice did state and declare that, pursuant to the provisions of Section 1770 ot the Labor Oode, the City Council of the City of A.naheim had ascertained the prevailing rate of wages for each type of labor needed to exe- oute said oontract and did set forth the prevailing hourly wage loale so ascertained; and WHEREAS, on August 21 , 19~, at the hour of o'olock P.M., the City Clerk and City Engineer of the 2:00 -1- ~. Oity of Anaheim did open said sealed proposals reoeived up to that time for the furnishing of all plant, labor, servioes, materials and equipment, and all utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to oon- struot and complete, in a good and workmanlike manner, in striot aooordanoe with the speoifioations, plans and drawings therefor on file in the Offioe of the City Olerk of the Oity of Anaheim, the publio improvement hereinabove more particularly desoribed and set forth, in publio, in the City Counoil Chamber in the City Hall. Anaheim, California, and the City Engineer did tabulate the reeult of said sealed proposals and did make a report to the City Oounoil at its next regular meeting; and WHEREAS, the City Oouncil of the City of Anaheim did, at its next regular meeting, held on the 26th day of .l....,."st . 19-5L.. at the hour of 7:00 0 I olook P .K. . oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more partioularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by LoW!: Co:utruction. 810 A&-ate. Anaheim. California for the oonstruotion. installation and oompletion of said Public Rest Room Facilities in La Palma Park Stadium. Job No. 438. hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon aooepted said bid and did award a oontract to said Long Construction for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, inoluding power. fuel and water, and performlng all work neoessary to construot and oomplete, in a good and workmanlike manner. ln striot aocordanoe with the speoifioations, plans, and drawings, the said pUblio improvement as speoified in sald notlce invitlng sealed proposals. and did author- ize the Mayor and the City Olerk of the City of Anaheim to exeoute a oontraot for and on behalf of the City of Anaheim with Long Construction whioh said oontraot was duly made and entered into on the 28th day of .August , 191-; and , has furnished all plant, labor, servioes. materials and equipment and all utilities and transportation, and performed all work neoessary for the oon- struotion and oompletion, in a good and workmanlike manner, in striot aocordance with the speoifioations, plans, drawings, of said pUblio improvement as speoified in the notioe inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and speoif ioations prepared by Rowland & Johnston. Fred V. Johnston. Architect , and the contract made and entered into with it by the Oity of Anaheim; and WHEREAS, the said Lone: Constrnction WHEREAS, the City Engineer has duly certified to the construction and completion of said pUblio improve- ment hereinabove mentioned and desoribed, in aocordanoe with the plans and speoifioations and the contraot doouments duly made and entered into with said LOIli; Construction ; and ~".........., WHEREAS. the City Oouncil finds that said oontraotor has completed said pUblio improvement hereinabove more partioularly de- scribed in aooordanoe with the prOVisions of the oontraot and the contract doouments. and that notioe of completion should be filed and payment of the balanoe due said contraotor authorized in aooord- ance with the contraot doouments. -2- .- ~ .- lOW, 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 performance ot all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, 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 hereinabove more particularly de- scribed 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 provisions of the contract documents, and that the balance due said contractor for said work be paid to it thirty-five (35) days from and after final acceptanoe of said work as evidenoed 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 aocordanoe with the provisions of said oontraot and oontraot documents. That aoceptance by the contractor 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 em- ployees, excepting only claims against the City for any amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of March , 19.....22.-0 ~ ' i ~ Lz:1:L . '. (~ . MAYOR OF aITY OF AJWlJ:Dl ss. I, DEB M. WILLIAMS , City Olerk of the Oity ot Anaheim. do hereby oertify that the foregoing resolution was intro- duoed and adopted at a ----- regular meeting provided by law of the City Council of the City of Anaheim, held on the 24th day of March . 19~, by the following vote: AYES: NOES: OOUNOILMEN: Borden, Coons, Fry, Pearson and Schutte COUNCILMEN: None - ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Kayor of the Oity of' Anaheim approved and signed said resolution on the 24th day ot , 19~o IN WITNESS WHEREOF, I have hereunto set my the of'fioial seal of' the City of Anaheim this 24th u..,.cl1 p 19~o V.'l"ch (SEAL) hand and affixed day of f). .~. ~~-B' ~RI OF THE aITY O~f)[ -3-