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78-246RESOLUTION i 78R -246 A RESOIXTT O�i 1 1F THE CITY COtINC I L M` THE CITY OF ANAIIET ^' FINALLY ACCEPTING TIIE ,0HPLETION AND THE FPR'i,TSNING OF ALL PLANT ',AIMR, SER- VICES, MATLIkiALS A;:ID EQUIPMENT i'.!) ALL UTILI- TIES AND TRANSPORTATIMi TNCLUD1L POWER, FUEL AND WATER, Ai1D THE PERFORMANCE M ALL WORK NECESSARY TO CONSTRUCT AND rOMPIT, THE FOLLOW- ING PUBLIC lt,1'R(C , TO WIT: PARK BUILDING AT JUAREZ PARK, WORK ORDER NO. 868. WHEREAS the City Council of the City of Anancim cl cause to be published in a newspaper of general circulation, printed, pub'ished and circulated in the City of Anaheim, to wit: The Ana:icim Bulletin, on the and days of April 19 77_, a notice inviting sealed roposaIs _Tor furnishing the following: All plant, labor, services, materials and equipment, and all utilities and `ransportation, 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 therefor on file in the Office of the City Eng,incer or City Clerk of the City of Anaheim, the following public improvement, to wit: A single -level park building at Juarez Park; contractor to provide all plant, labor, service, materials and equipment necessary to perform all work needed for the public restrooms, pump facility, equipment room and electrical site work. Exterior and interior walls shall be concrete block masonry. Roof framing system shall be wood and construction shall be Type V -N. Plumbing shall consist of sanitary drainage and water supply for plumbing fixtures with connections made to existing utilities. Electrical service shall be underground and metered as indicated on drawings. Lighting for the building shall be fluorescent and site lighting shall be mercury vapor. Site work, other than utility connections, shall be limited to the boundary shown on the drawings. All work shall be done in strict accordance with the plans and specifications on file in the Office of the City Engineer, Work Order No. 868, in accordance with the designs, plans, profiles and specifica- tions prepared by __t rkG Depart ment-_ ment__ _> and the notice inviting sealed proposals, which said notice -1_ - ATTY -40 specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock. P.M. of the 5th _ day of May , 19 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 execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on May 5 19 77 , at the hour of 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, 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 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 - Rj regular meeting; and secon'8 s�qu� WHE EAUseheCity Council of the City of Anaheim did, at its s b q regular meeting, held on the - day of 19 at the hour of 1:30 o clock P.M., consider t e sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by R. J. W. CONSTRUCTION COMPANY, 923 North Main, Orange, California 92667 for the construction, installation and completion of said Park building at Juarez Park, Work Or der No. 868, Account No. 16- 4309 - 815 -18 -0868, hereinabove mentioned and described, was the lowest responsible proposal submitted there- for, 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 neces- sary to construct and complete, in a good and workmanlike man- ner, in strict accordance with the specifications, plans and drawings, the said public improvement 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 10th day of June , 19 77 ; 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 con- struction and completion, in a good and workmanlike manner, in -2- strict 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 specifications prepared by the Public Works Department , and the contract made an entered into with said contractor by the City of Anaheim; and WHEREAS, the Director of P ublic Works has duly certified to the construction and completion of said public improvement 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 herei.nabove more particu- larly described in accordance with the provisions of the con- tract 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 equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete 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 t'_ze City of Anaheim, together with the appurtenances thereto, said public improvement herein - above more particularly described 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 provi- sions 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 evi- dence 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 accordance with the provisions of said contract and contract documents. That acceptance 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 offi- cers, 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 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. -3- - THE FOREGOING RESOLUT1014 is approved and signed by me this 18th clay of _ _ ___A ) 1 9 78 pKtl ATTEST: C T T '1 - t L — ERK — UP — T H Ll TY I /fM -4- 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. 78R -246 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of April, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R -246 on the 18th day of April, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of April, 1978. CITY CL2RRK OF THE CITY ANAHEIM (SEAL) I, LINDA U. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R -246 duly passed and adopted by the Anaheim City Council on April 18, 1978. CITY CLERK