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57R-3769 - RESOLUTION NO. 3769 ~ /"""". A HESOLUTION OF THE CITY COUNOIL OF' THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING or ALL P~T, LABOR, SER- VIOES, MATERIALS AND EQUIPME~ AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WO${ NEOESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: CONSTRUCTION OF ! STORAGE AND ~~~~~XE s~m~~N~~i~ glnF=1A ~N J~~U~~. 397. WHEREAS, the City Counoil of the City of Anaheim did oause to be pUblished in a newspaper of general 01"'oulation, printed, publ1shed. and oiroulated in the Oity of ~~aheim, to wit: The ~~aheim Bulletin, on the 16th ~ 2.ird daYS of January , 19 57 ,a notioe inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transporta- tion, 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 speoifica- tions, plans and drawings therefor on file in the Offioe of the City Engineer of the City of Anaheim, and the oontract doouments, the con- struction and completion of a rigid frame, steel and sheet metal storage and warehouse building in the City Yard on South Claudina street, in the City of Anaheim, including all appurtenant work, Job No. 397 1n accordanoe with the designs, plans, profiles and specifioations pre- pared byGeor~e E. HolYoke. City Engineer and the notioe inviting sealed proposals, whioh said notioe speoified that sealed proposals as speoified 1n said notice would be reoeived up until 7:00 o.olook P.M. of the 29th day of JanUA:rv , 19 57 ,and whioh said not ioe did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Oode, the City Council of the City of Anaheim had asoertained 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 asoer- ~ tained; and an adjourned WHEREAS, at/_ regular meeting of the City Counoil held on the 2fith day of Januarv , 19 1)7 , at the hour of 7;00 o olock P.M. of sai4 date, said City Oouncil did hold a publio hearing for the purpose of opening sealed proposals reoeived up to that time, tor furnishing of all plant, labor, servioes, materials.and equipment, and all utilities and transportation, inoluding power, fuel and water, and per- -1- - ~~ ,-... forming all work neoessary to oonstruot and complete, ln a good and workmanlike manner, ln striot aooordanoe with the speoifioations, plans and drawings therefor on file in the offioe of the Oity Olerk of the City of Anaheim, of the publio improvement hereinabove more partioularly desoribed and set forth; and WHEREAS, the Oity Oouncil did the~eupon refer said bids to the City En~ineer for examination tabulation and report to the Oity Counoil, and said City En~ineer _did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Oounoil} and WHEREAS, the City Counoil did meet in ad,purned regular session on the 29th day of January , 19 Ii? ,at the hour of 7:00 o'olook P.M. to oonsider the sealed proposals submitted for furnishing materials and performing the work hereinabove more partioularly desoribed and set forth, and the Oity En2ineer of the Oity of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Counoil did thereupon find and deter~ine that the sealed proposal submitted by ER F C RING COMP N tor the oonstruotion, installation and oo.pletlon of sald STO Go AND W~REHOUSE BUILDING IN THE CITY YARD. fOB NO. 197 hereiaakove mentioned and desoribed was the lowest responsible pro- posal submitted therefor, and thereupon aooepted said bid and dld award a oontraot to sald BUTLER MANUFACTWRING COMPANY for furnishing all plant, labor, servioes, materials and equipment and all utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to oonstruot and oomplete, in a good and workmanlike manner, in striot aooordanoe with the speoifioations, plans, and drawings, the said pUblio improvement as speoified in said notioe inviting sealed proposals, and did authorize the Mayor and the Oity Clerk ot the City of Anaheim to exeoute a contraot for and on behalf ot the City of Anaheim with BUTLER MANUFACTURING COMPANY , whioh said oontraot was duly made and entered into on the 31st day of January 19..iZ-; an.d WHEREAS, the said BUTLER MANUFACTURING COMPANY has furnished all plant, labor, servioes, materials and equipment and all utilities and transportation, and performed all work neoessary for the oonstruotion and oompletion, in a good and workmanlike manner, in striot aocordanoe with the speoifioations, plans, drawings, of sald publio improvement as speoified in the notioe inviting sealed proposals and in the detail, design, plans, profiles, drawings and speoifioations prepared by Geor~e E. HOlyoke. City Engineer , and the oontraot made and entered into with it by the City of Anaheim; and WHEREAS, the City En~ineer has duly oertified to the oonstruotion and oompletion of said publio improvement hereinabove mentioned and desoribed in aooordanoe wlth the plans and speoifioations and the oontraot doouments dulr made and entered into with said BUTLER MANUFACTURING COMPANY ; and WHEREAS, the Oity Oounoil finds that said contraotor has oom- pleted said pUblio improvement hereinabove more partioularly desoribed -- in acoordanoe with the prOVisions of the oontraot and the oontraot doouments, and that notioe of oompletion should be filed and payment of the balanoe due said oontraotor authorized in aooordanoe wlth the oontraot doouments. .OW, THEREFORE, BE IT RESOLVED by the City Counoil of the Oity of Anaheim that all plant, labor, servioes, materials and equipment -2- ,..~ ..-. .......,,- . - and all utilities and transportation, and the performanoe of all work neoessary to oonstruot, install and oomplete, in a good and workmanlike manner, in strict aooordanoe with the speoifloations, plans and drawings therefor on tile in the oftioe of the Clty Olerk of the Oity of Anaheim, together with the appurtenanoes thereto of said pUblio improvement hereinabove more partioularly desoribed and set forth, in the City of ~naheim, by said con- traotor, be, and the same is hereby~ aoo~ted, sub~eot, neverthe- less, to all the terms, oonditions and provisions of the oontraot doouments, and that the balanoe due said oontraotor for said work be paid to it thirty-flve (35) days from and after flnal aooeptance of said work as evidenoed by the adoptlon of this resolution, but not sooner than thirty (310) days after the date of the filing of notioe of oompletion, exoepting only suoh sum or sums as may lawfully be withheld in acoordance with the pro- visions of said oontraot and oontraot doouments. That aooeptanoe by the oontraotorof said payments made in aooordanoe with said final estimate shall operate and shall be a release to the Oity of Anaheim, its offloers, agents and employees from all olaims and liabillties due the oontraotor for anything done or furnished or withheld or for anything relating to the work or any aot or neg- lect of the Oity, its offioers, agents and employees, exoepting only olaims against the Oity for any amounts withheld by the City at the time of suoh payment. AND BJ: IT FUR'1'HJ:R RJ:SOL VED that the Mayor and the City Clerk of the City of Anaheim be, and'they are hereby, authorized to exeoute and file a not1oe of oompletion of said work as required by law. . THE FORJ:GOING RESOLUTION was s1gned and approved by me this 2nd day of Auril , 19 ~? . ~;'r~~ AT'1'&ST: J2 '-)u. -v=- . ~OF'1'.a~ -,.. - ~.- STATE OF CALIFODIA ) COUJI'.rY OF OlWlGE ) 88 . em OF AIlIHIIK ) '-. '- I, DINE M.. lfILLIA1IJ, City Clerk of the City of .baheim, do hereby certify that the foregoing Resolution was duly passed and adopted at an adjourned. reqular meeting of the City Council of the City of Anaheim, held on the 2nd day of April, 1951, by the followiAq vote of thB members thereof: AYl!B: COUICILMEH: Pearson, Coons, Fry, Schutte and Wisser NOE: COUlfCIU1EIl: None AISIl1T: COUICILMEJf: None AND I FURTHiR CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 2nd day of April, 1951. IN WITDSS lIDREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of April, 1951. ,,:0 ~ ~ 2J~..; >>~ cm eLm or CITY OF JUWlElM tsUL) ~-