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78-245RESOLUTION NO. 78R -245 A RESOLUTTO it )F THE CITY COU;J(;II 01' THE CITY OF ANAIIEIP' FINALLY ACCEPTING 'I'IIE '_:0HPLETION AND THE F1'MJSF OF ALL PLANT ',h!30R, SER- VICES, I`'[ TEr,iALS AIID EOUIPMEIIT A.!) ALL UTILI- TIES AND TRANSPORTATI0ii INCLUD Ir�'(, I'O ER, FUEL AND WATER, AND THE PERFORi'IANCE 01 ALL WORK NECESSARY TO CONSTRUCT AND COMPLT' i E THE FOLLOW- ING PUBLIC Ii;['RC VEMENT , TO WIT: PARK BUILDING AT RIO VISTA PARK, WORK ORDER NO. 851. GJHERE �S, the City Council of the Cit - y of Anancim c! i c] cause to be published in a newspaper of general circulatic.n, printed, pub:i.shed and circulated in the City of Anaheim, to wit: The Ana.ieim Bulletin, on _ Apr 21 and 28 19 a notice inviting sealed :,roposals or furnishing the following: All plant, labor, services, material, and equipment, and all utilities and `.ransportation, including power, fuel and water, and performing all wort. necessary to construct and complete i-n a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Eng,in -er or City Clerk of the City of Anaheim, the following public improvement, to wit: A single -level park building at Rio Vista Park; contractor to provide all plant, labor, service, materials and equipment necessary to perform all work needed for the public restrooms, pump facility, equip- ment 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. 851. in accordance with the designs, plans, profiles and specifica- tions prepared by _ th Public Work r. tment— and the notice inviting sealed proposals, which said notice -1- ATT V -4© 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 Play , 19 , — and which said notice did state and declare teat, 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 2:00 o'clock P.M., the City C erk 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 MMA subsequent regular meeting; and second WHER dE S, thu City Council of the City of Anaheim did, at its t regular meeting, held on the 17th day of May 19 77 at the hour of 1:30 0 c lock P.M., consider the sea etc 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 or the construction, installation and completion ot said Park building at Rio Vista Park, Work Order No. 851, Accoun No. 4309-820-18-0851 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 ; 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 Publi Work has duly certified to the construction and completion oTsaid 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 hereinabove 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 the 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. S11 - THE FOREGOING RESOLUTION is approved and signed by me this ( Of 19 _78- - - -' ATTEST: MY CLERK OF THE CITY OF ANAHEIM /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 -245 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 Anahiaim signed said Resolution No. 78R -245 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 CLERK OF THE CITY OF 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. 78R -245 duly passed and adopted by the Anaheim City Council on April 18, 1978. CITY CLERK