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70R-449 RESOLUTION NO. 70R- 449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM fINALLY ACCEPTING THE COMPLETION AND THE FUR$ISHING OF ALL PLANT, LABOR, SERVICES, ~TERIALS AND EQUIPMENT AND ALL UTILITIES A$D TRANSPORTATION INCLUDING POWER, FUEL AND WAtER, AND THE PERFORMANCE OF ALL WORK NECESS~Y TO CONSTRUCT AND COMPLETE THE FOLLOWING PVBLIC IMPROVEMENT, TO WIT: ADDI- TION OF ST~DBY CHILLERS AT ANAHEIM CENTRAL LIBRARY, IN THE CITY OF ANAHEIM, WORK ORDER NO . 564. 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 April 2nd and April 9th , 19 70 , 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The addition of standby chillers at Anaheim Central Library, in the City of Anaheim, con- sisting of the furnishing and installation of two standby chillers with pumps, condenser and all appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 564. .-.,. in accordance with the designs, plans, profiles and specifica- tions prepared by th. Department of Public Works , 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 0 I clock P.M. of the 16th day of April , 19 7p , and which said notice did state and declare that, pursua~t to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascer- tained 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 -1- _..~.,..~.._-"..~ WHEREAS, on April 16 , 19 70 ,at the hour of 2:00 o'clock P.M., the City Clerk-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 equip~nt, 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 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 ----- regular meeting; and ------------- WHEREAS, the City Council of the City of Anaheim did, at its next ----- regular meeting, held on the 28th day of ~ril :==;-19_70_, at the hour of _l:~ 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 WESTERN ALLIED CORPORATIONL 12046 East Florence Avenue, Santa Fe SerIngsL California ror-tfie construct1on, 1nstaflatfon and completfon~r-sa1d addition Qf st~ndby Qh111~~s.9t ~ahe1m_Cen~ral ~ib.s.Yt iD-tb~ C1tl ot Anaheim Work Order No. 564~ here nabove ment oned ana-des~ribed, was ~e Iowest~sponsrDre proposal submitted therefor, and thereupon accepted said bid and did award a contract to said ~STERN ALLIED CORPORATION ---------- ------ror rurnfififnq-irf pfint, -facor, services, materfari-ana-eqUIpment and all utilities and transpor- tation, 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 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 ~.~B3~AL~l~~wnrcn-iifa-- contraCt-waSdUrymi!Oan!Q;W~ffltofnto-on-tni=--30th day ot __---&2W-_, 19_2.2_' and ---- . WHEREAS, the Baid -~I2~E~~!!i~~a:EEPf!SI'Y!2i~!l~------ __ a.. urn II. A.. P An , ""AgOr, servfcii;-mitiirari.ina-equfpment and All utilitio. And tranl- portation, and performed all work nece.sary tor the construction and completion, in a qood and workmanlike manner, in strict accordance with the specifications, plans and drawinqs ot said public improvement as specified in the notice invitinq sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by Department of Public Works , and the con tract-made -ana enteredln to with ___it__ by thelCity of Anaheim; and WHEREAS, the Director of Public Works has duly certified to theconstruetIOnanacompretfon-o! sara--- public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said ~~SIS~-AL~EU--_------a _______COBEDBAXIOH_____________________; an -2- ___'=_.,'.....,..". ....___h" 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 and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with tihe 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 performance of all ~ork 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 provisions of the contract documents, and that the balance due said con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of-sai~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 accord- ance 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 anything relating to the work or any act or neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for amounts with- held 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. THE FOREGOING RESOLUTION is approved and signed by me this -1..5tl1. day of Jep~m1?..er ___, 19 -1..9_. ~ / :k: ,- i .,.. :" .I ~ - ') &~---- MA. R OF THE CITY OF ANAHEIM ATTEST: (,J ){.JJ~ ~ERK OF THE CITY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) _.. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-449 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 15th day of September, 1970, by the followiQg vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thorn and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-449 on the 15th day of September, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of September, 1970. ~2r- )L~ ITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-449 duly passed and adopted by the Anaheim City Council on September, 1970. .Q--- dr- ~~.~.J City Clerk