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1973-557 RESOLUTION NO. 73R-557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHElf.1 FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, ~~TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND \oJATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:' REMODELING WITHIN UTILITIES BUILDING AT 518 SOUTH ANAHEIM BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 814. 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 12th and 19th days of July , 1973 , a notice invit1ng 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: Remodeling within Utilities Building at 518 South Anaheim Boulevard, in the City of Anaheim, consisting of remodel- ing three areas within the existing Utilities Building. Total area involved is approximately 500 square feet of floor space. Minor demolition; installation of wood and gypsum board partitions; wood doors, frames and hardware, ventilation equipment, electrical rework plus electrical additions; and appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 814. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De ar and the notice inviting sea ed proposals, W 1ch sa1d not~ce specified that sealed proposals as specified in said not1ce would be received up until 2: 00 0 I clock P.M. of the 26th day of July 19 73 , and which said notice did state and declare that, pursuant to the provisi~ns of secti~n 1770 of the Labor Code the City Council of the C1ty of Anahe1m had ascer- tained the' prevailing rate of wages for each type of l~bor needed to execute said contract, and did state that the.preva1ling ~ourly wage scale so "ascertained was on file in the Off1ce of the C1ty Clerk; and -1- WHEREAS, on July 26th , 19 73 ,n the hour of o'clock P.M. ,-ihe C1ty Clerk ~nd the CIty Englneer of the C1 ty of Anabei m di.d open sa1.d sealed proposals rece.. ved Jp to that time for t"he furnishing of all plant, labor, serv.l ces . materials and equlpment, and all utlllties and transportatlor:, including power, fuel and water, and performing all work neces.- sary to construct and complete, "},n a good and workmanlike manner. l.n strict accordance wlth the spec1.fications, plans and drawings therefor on f~le l.n the Office of the City Clerk of the CJty of Anaheim, the public .tmprovement herel.nabove more particular ~ y described and set forth, in public, l.n the CLty Councll Chamber in the City Hall, Anaheim, California, and the City Englneer dxd tabulate the result of said sealed proposals and dld make a report to the City Council at its next - - - - - - - regular meet1ng; and WHEREAS, the C1ty Council of the City of Anaheim did, at its next - - - - - - - - regular meet~ng, held on the 31st day of - July , 1973 , 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 DICK PEBLEY CONSTRUCTION, 1145 North Lemon Street, Anaheim, California for the construction, 1nstallation and completion of said remodeling within utilities Bldg. at 518 S. Anaheim Blvd., in the city of 1Uiane~m, Work Order No. 814 hereinabove mentIoned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said DICK PEBLEY CONSTRUCTION for furnish1ng all plant, labor, serv1ces, 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 notlce invlting sealed proposals, and did authorlze 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 DICK PEBLEY CONSTRUCTION wh1ch sald contract was duly made and entered ~nto on the 6th day of August , 1911--; and WHEREAS, the said DICK PEBLEY CONSTRUCTION has furnlshed all plant, labor, serv1ces, materla1s and equipment 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 Public Works Department , and the contract made and entered ~nto w~th by the City of Anaheim; and .o"...-..,~ WHEREAS, the Director of Public Works has duly certified to the construction and complet~on of sa~d 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 DICK PEBLEY CONSTRUCTIO~ ; ana -:2- .- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the prov1sions of the contracL and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor autho:Cl.zed 1n 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 liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work 0r any act or neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for amounts ,,'1 tb" held by the city at the time of such payment. AND BE IT FURTHER RESOLVED Ohat the Mayor and the C1ty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as requ1red by law. THE FOREGOING RESOLUTION is approved and signed by me th1s 20th day of November, 1921--. ATTEST: L)yr. fl~ CITY CLERK OF THE CITY OF ANAHEIM -3- - - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) ..-.., I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-5~7 was passed and adopted at a regular meeting of the City Counc11 held on the 20th day of November , 19 73 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom 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 20th day of November , 19.1.1-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of Nov@,ffi!:wr , 19 ~. ~ ht,.a~ CI Y CLERK 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. 73R-557 duly passed and adopted by the Anaheim City Council on November 20, 1973. ~)n D~ City Clerk -