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64-583RESOLUTION NO o 64R-583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT, TO WIT: INSTALLATION OF FLOODLIGHTING AND POWER DISTRIBUTION SYSTEMS AT THE STATE COL- LEGE AND VERMONT PARKSITE~ IN THE CITY OF ANAHEIM, JO~ NO. 811. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 26th of March and 2nd of April , 1964, a notice inviting sealed proposals for furnishing the following: All plane, labor, services~ materials and equipment, and all utilities anci 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 Engineer or City C!erh of the City of Anaheim, the following public improvement, to wit: Furnish and install a flood- lighting system and a power distribution system, together with appurtenant work, at State College and Vermont ?ari~site~ in the City of Anaheim, as more particularly sat forth in the plans and specifications on file in the Office of the City Clerk or City !nginear, Job No. 811. in accordance with the designs, plans, profiles and specifica- tions prepared by Paul Bau~hman , and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P. M. of the ~th day of April , 1964 , and which said notice dzd 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 ascertained was on file in the Office of the City Clerk; and 2:00 " ~ 1964 at the hour of WHEREAS, on ~pr~i 9 , , o~clock P. M:, the City Clerk and the City Engineer of -1- the City of Anaheim did open said sealed proposals received up to that time for tike furnishin[~ of ali plant, labor, services, m~terials and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and complete, in a good and worl~nanlike manner, in strict accordance with the specifications, plans and drawings there- for on file in the Office of nhe City Clerk of the City of Anaheim, the public improvement hereinsbove more particularly described and set forth, in oublic, in the City Council Chamber in the City Hall, Anaheim, CalifOrnia, and the .f]ity Engineer did tabulate the result of said sealed proposals and ~iid make a report to the City Council at its next .... regular meeting; and WHEREAS~ the City Council of the City of Anaheim did, at i~s next regular meeting, held on the 14th day of A?ril , ~6__~_4 __, at the hour of 1:30 o'clock P.M., consider the 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 WILLIAM.R. SHERWIN dba SHERWIN ELECTRIC SERVIo~, ~' ~ California, 3229 Casitas Ave.~_Los~.~n,~eles 39,. for the construction, installation and completion of said floodlighting system ~nd power distribution s~fstem J~ob ~_____o, 811, hereinabove mentioned and described, Was the lowest responsible pro- posal submitted therefor, anti thereupon accepted said bid and did award a contract to said WILLIA£~i R, SHERWIN dba SHERWI~ ELECTRIC SERVICE for furniShing all plant, labor, Ser ~ices, 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 pub- !ic 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 WILLIAM R. SHERWIN dba SHERWIN ELECTRIC SERVICE ~zhich said contract was duly ~ade and entered into on the 21st day of April _, 19 64 .; and iTHEREAS, the said. WILLIAM R. SHERWIN dba SHERWIN ELECTRIC SERVICE has furnished all plant, laboz-, ser- vices, mate{~.-~s and equipment and all utilities and transportation, and performed ~i1 work necessa~y for the construction and completion, in a good and worl~nnanlike manner, in strict accordance with the speci- fications, 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 Paul Baughman , and the contract made and entered into ~ith it by the City of Anaheim~ and WHEREAS, the DIRECTOR OF PUBLIC WORKS has duly certified to the construction and completion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said _WILLI~,'i R. SHERWIN dba SHERWIN ELECTRIC SERVICE ; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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. -2- NOW~ ~THEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, service~, and equipment and all utilities and transportation~ and the per~, for~r, ance of all work necessary to construct., install and comple[~, in a good and wor~anlike manner, in strict accordance with tb~ specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of ~aheim~ together with the appurtenances tbereto~ said public improvement hereinabove 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 te~s, conditions and provisions of the contract documents, and that the balance due said contractor for said work be paid to it thirty~five % ~ days ~from and after final acceptance of said work as evidenced by t~e 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 ~aid contract and contract documents. That acceptance by the con~ tractor of said pa~nents made in accordance with said final estimate shall operate and shall be a release to the City of ~aheim~ its officers, agents and employees from all claims and liabilities d~e 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 any amounts withheld by the City at the time of such pa~ent~ ~D BE IT FURTHER ~SOLVED that ~he Mayor and the City Clerk of the City of ~aheim be~ and they are hereby authorized to execute and file a notice of completion of said work as r~uired by law. THE FORGOING ~SOLUIION is approved and si~ed by ~ne this li'~h day of ~~ 19 64 ATTES? ~ STATE OF CALIFORNIA COUN%Y OF ORANGE ) ss. CITY OF ANAHEIM I, DENE bi. WILLIAMS , City Clerk of the City of Anaheim, do bere~ ~t t~regoi~g resolution was intro~ duced and adopted at a --- regular meeting provided by law of the City Council of the City of Anaheim~ held on the llth day of A~ust _ .~ 19 64 AYES~ COUNCILMEN~ Pebley, Krein and Schutte NOES ~ COUNCILMEN~ None ABSER~I~ COUNCILMEN~ Dutton and Chandler Pro Yem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said resolution on the 'llth day of Aug~ust~, 19 64 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this llth of ~us~ ~ 19 64 (SEAL) day '~ ~%"~R_K, OF THE CITY OF ANAHEIM