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72R-246 RESOLUTION NO. 72R-246 /.....-.. 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 IMPROVEMENT, TO WIT: POLICE FACILITIES BUILDING SUNSCREEN, 425 SOUTH HARBOR BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 791. 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 February 24 and March 2 , 19 72 , 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: Police Facilities Building Sunscreen, 425 South Harbor Boulevard, in the City of Anaheim, consisting of the furnishing and installation of a metal sunscreen on a portion of the west side of the Police Facilities Building; and 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. 791. in accordance with the designs, plans, profiles and specifica- tions prepared by the P~li~ Wnrk~ n~D~~~~~~. . ' and the notice inviting sea ed proposals, w l.C sa1.d not1.ce specified that sealed proposals as specified in said notice would be received up until 2: 00 0 I clock P.M. of the 9th day of March, 19 72, 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 ascer- tained the prevailing rate of w~ges for each type of l~~r needed to execute said contract, and d1.d state that the preva1.l1.ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- ,- "-~. .1[ WHEREAS, on March 9 , 19 72 , 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 equipment, and all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete, .1n 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 14th day of March , 1972 , at the hour of 1: 30 0' 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 PORVENE, INC., 16450 Phoebe Avenue, La Mirada, California 90638 lor the construction, installation and completion of sa1d police facilities buildin sunscreen 425 So. Harbor Blvd. Cit of Ana eJ.m, Wor Or er No. 791 ereJ.na ove ment10ned and described, was the lowest responsJ.ble proposal submitted therefor, and thereupon accepted said bid and did award a contract to said PORVENE INC. for furnishing all plant, labor, services, materials and 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 PORVENE. I~~. w ich said contract was duly made and entered into on the 17th day of March , 19....11:..-; and WHEREAS, the said PORVENE. INC. has furnished all plant, labor, services, materials and equ1pment and all utilities and trans- portation, and performed all work necessary for the construction 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 detailed designs, plans, drawings, and specifications prepared by the PUbtic Works DePtrtmKn~ , and the contrac made and en ere 1nto with it by the City of Anaheim; and WHEREAS, the Dire9to~ of PNbliC ~or~s has duly certified to the construction an complet1on of said public improvement hereinabove mentioned and described, in accord- ance with the plana and specifications and the contract documents duly made and entered into with said PORVRNF. TN~ ; and -:2- _.~ 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 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, and the performance of all work 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 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 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 l~abilities 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 tihat 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 13th day of June , 19-1.2...... ATTEST: ~ OF THE CITY OF ANAHEIM ...- -3- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ss. - I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-246 was passed and adopted at a regular meeting of the City Council held on the 13th day of June , 19 72, by the following vote of the members thereof: --- AYES: COUNCILMEN: Sneegas, 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 on the 13th day of June , 19 72. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of ___ June , 19 72 . L~ CITY CLE OF ~ THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-246 duly passed and adopted by the Anaheim City Council on June 13, 1972. ~)x.~ -