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58R-4760 - ~~..-.... RESOLUTION NO. 4760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, HA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE INSTALLATION OF FLOOD-LIGHT FACILITIES FOR A SOFTBM'~ DI~OlID tT THE ~ ~INCOLN SC~OOL. JoltOO T C TER TREET. . M CALIFORN A. JOB NO. u.28. WHEREAS, the City Council of the City of Anaheim aid oause to be published in a newspaper of general oirculation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 6th and lith dAYS or ~lnA , 19~, a notice inviting sealed proposals for furnishing the following: 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 or City Engineer of the City of Anaheim, the fol- lowing publiC improvement, to wit: The installation of floodlight facilities for a softball diamond at the Abraham Lincoln Sohool, 1400 East Center Street, Anaheim, California, Job No. 428, - in accordance with the designs, plans, prOfiles and specifica- tions prepared by n...n...g.. Ti:, Rn'YQ]c. City ~g~.:1 and the notice inviting sealed proposals, w c s d notice speci- fied that sealed proposals as specified in said notice would be received up until ~.(}O o' clock P.M. ot the 26th day of ~.nA , 19~, and which said notice did state and declare that, pursuant to the prOVisions of Section 1770 ot the Labor Code, the City Council of the Oity of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exe- oute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on ~unA ?hth , 19-58-, at the hour of 2:00 o'olock P.M., the City Clerk and City Engineer ot the -1- -- 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 con- struct 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 next Adjon1"m"Oil regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adjrnJ1On.d regular meeting, held on the 1 AT. day of Julv , 19~, at the hour of 7%00 o'clock P.K., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by RECON COMPANY. 1262 W. Garvey Blvd. Monterev Park. California for the construction, installation and completion of said inRtRll~_ tion of flOOdlights for softball diamond at the Abl"JlhAm T.in~oln ~-''Ol, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said RECON COMPANY, l?~? W ~arv9Y Slvd. Monterey Park. California. for furnishing all plaht, labor, servioes, 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 acoordance with the specifications, plans, and drawings, the said pUblio improvement as speoified 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 REGON COMPANY,1262 w. GA"'V.Y ~lwn. Monte1Oay PA1O~. ~Alirn~"i~ whioh said contract was duly made and entered into on the 7th day of Julv , 19-.S8-; and WHEREAS, the said RECON COMPANY, 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 striot accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, prOfiles, drawings and speoifications prepared by Geor~e E. Holyoke, City ~ngin.A'" , and the contraot made and entered by the City of Anaheim; and into with it WHEREAS, the Citv Eni1neer bas dull certified to the construction and completion of said public improve- ment hereinabove mentioned and desoribed, in accordance with the plans and specifications and the contract documents duly made and entered into with said RECON COMPANY ; and .~ WHEREAS, the City Council finds that said contractor bas completed said public improvement hereinabove more particularly de- scribed 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 accord- ance with the contraot documents. -2- -. .- lOW 9 THEREFORE. BE IT RESOLVED by the Oity Couno11 of the City of Anaheim that all plant. labor, servioes9 materials and equipment and all utilities and transportation9 and the performanoe of all work neoessary to construot. install and oomplete, in a gOod and workmanlike manner9 in strict aocordanoe with the speoifioa- tions. plans and drawings therefor on file in the Offioe of the City Olerk of the City Of Anaheim. together with the appurtenanoes thereto. said pUblic improvement hereinabove more partioularly de- soribed and set forth. in the City of Anaheim. by said oontraotor, be9 and the same are hereby acoepted. subject. nevertheless, to all the terms. conditions and provisions of the oontraot doouments9 and that the balance due said oontractor for said work be paid to it thirty-five (35) days from and after final aooeptanoe 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 notioe of oom- pletion. exoepting only such sum or sums as may lawfully be withheld in aooordanoe with the provisions of said oontraot and oontraot doouments. That aoceptance by the contractor of said payments made in accordanoe 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 oontractor for anything done or furnished or withheld or for anything relating to the work or any aot or negleot of the City. its offioers. 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 be9 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 J6.i:h day of SeDtember . 19...sB.-o S:~!f~'Mm'~ ATTEST: L- );?,~~~ eIn CLERK OF THE CITY OF ARABEIK STATE OF CALIFORNIA ) eOUITY OF ORANGE ) ss. CITY OF ANAHEIK ) I. DEB M. WILLIAKS . City Clerk of the City ot Anaheim 9 do hereby oertify that the foregoing resolution was intro- duced and adopted at a II ad~Q111'll.d regular meeting provided by law of the City Counoil of the Oity of Anaheim>> held on the 16th day of Sept.mber . 19..si..... by the following vote: AYES: COUICIlJIEI: Pearson, Borun, Fry, Schutte and Coons BOES: COUICILKEBg None - ABSENT~ COUICIlJIEN: None .AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 16th day of September p 19~o II WITNESS WHEREOF. I have hereunto set my hand and affixed the offioial seal of the City of Anaheim this 'h~h day of SeDteabel' >>19..s.B..-.e j") (BElL) ~~F~~tx -3-