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58R-4802 ,,"'-"" RESOLUTI ON NO. 4802 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 EQJIPMENT, AND ALL UTILITIES AND TRANSAJRTATlON, INCLUDING POWER, FUEL .AND WATER, AND PERFORMING ALL lAORJ{ NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: AN AIR CONDITION- ING SYSTEM IN THE COUNCIL CHAMBERS, IN THE CITY HALL, CITY OF ANAHEIM, JOB NO. 420. 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 14th and 21st days of March, 1958, a notice inviting sealed proposals for furnishing the following: Detailed plans and specifications in accordance with, and conforming in general to, preliminary specifications prepared by the City Engineer of the City of Anaheim and on file in the Office of the City Engineer, and all plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the detailed plans and specifications submitted and approved by the City of Anaheim and thereafter on file in the Office of the City Clerk, and the contract documents, the following public improvement or work: An Air Conditioning System in the Council Chambers, in the City Hall, City of Anaheim, Job No. 420. Plans and specifications are to be submitted with the bid for checking by the City Engineer and must conform in general to the preliminary specifi- cations prepared by the City Engineer of the City of Anahe im. - which said notice specified that sealed proposals as specified in the notice would be received up to the hour of 2:00 o'clock P.M. on the 3rd day of April, 1958, 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 set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on April 3, 1958 at the hour of 2:00 P.M., the City Clerk and City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnish- ing 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 -1- -- detailed plans and specifications to be submitted by the bidder, and conforming in general to preliminary specifications prepared by the City Engineer of the City of Anaheim and on file in the Office of the City Engineer and 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 next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 8th day of April, 1958, at the hour of 7:00 olclock 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 LESTER H. SHERDEN and PATRICK V. GEARY, doing business as AUTOMATIC HEArING, 207 East Walnut Avenue, Fullerton, California, for the construction, installation and completion of said Air Conditioning System in the Council Chambers, in the City Hall, City of Anaheim, Job No. 420, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said LESTER H. SHERDEN and PATRICK V. GEARY, doing business as AUTOMATIC HEATING, for furnishing 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, i~ strict accord- ance with the detailed plans and specifications submitted by the Contractor and approved by the City Engineer, and conforming in general to preliminary specifications prepared by the City Engi- neer of the City of Anaheim, the said public improvement as specified in said notice inviting sealed proposals, and did author- ize 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 LESTER H. SHERDEN and PATRICK V. GEARY, doing business as AUTOMATIC HEATING, 207 East Walnut Avenue, Fullerton, California, which said contract was duly made and entered into on the 18th day of April, 1958; and ,- WHEREAS, the said LESTER H. SHERDEN and PATRICK V. GEARY, doing business as AUTOMATIC HEATING, have 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 strict accordance with the specifications, plans, and drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, draw- ings and specifications prepared by the Contractor and approved by the City Engineer, and the contract made and entered into with them by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in accordance with the plans and speci- fications and the contract documents duly made and entered into with said LESTER H. SHERDEN and PATRICK V. GEARY, doing business as AUTOMATIC HEATING; 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 contract -2- - and the contract documents, and that notice of completion should be filed and payment of the balance due said Contractor author- ized 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, including power, fuel and water, and the performance of all work necessary to construct, install and complete, in a good and workmanlike manner, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, together with the appurtenances thereto, by said Contractor, in strict accord- ance with the detailed plans and speCifications, submitted by the Contractor and approved by the City Engineer, and conforming in general to the preliminary specifications prepared by the City Engineer and on file in the Office of the City Engineer, 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 them 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 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 any- thing 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 paymen t. 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 7th day of October, 1958. //'., ' ,", / "~ - ~!'~~F ~ MA C 6 -- ATTEST: I ' '''-' < '/ " //( / ~ t~~b:RK'OF-THE~ "~'<:-' z~., -3- -... STATE OF CALIFORNIA) COtINTY OF ORANGE )55. crTY OF A~HEIM )' I, DENE M. wnLIAMS , City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was dUly passed and adopted at an adjourned regular lIle.eting, provided by law, of the City Council of the City of Anaheim, held on the 7th day of October, 1958, by the following vote: AYES: CO\ll1lCILMEN: Pearson, Borden, Fry, .Schutte and Coons NOES I COUNCILMEN I None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY tha t the Mayor of the City of Anaheim approved and signed said Resolution on the 7th day of October, 1958. IN WITNESS WHEREOF, I have her~unto set my hand and affixed the nfficial seal of the City of Anaheim this 7th day of October, 1958. j ~ '---, )- Al.-&x-<:.. . ,,/?! - .J/ _:~;f~;.e<~-",-~, CITY CLERK OF THE CITY OF,ANAHEIM (SEAL) -\