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64-297RESOLUTION NO. 64R-297 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 IM- PROVEMENT, TO WIT: CONSTRUCTION OF LIGHTING AND POWER DISTRIBUTION SYSTEMS A..T. THE NUTWOOD AND BALL PARKSI~E'~~ IN TH~ CITY OF ANAHEIM, JOB ............. ~0.' 788. 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 17th .and 24th days of October , 19 63 , a notice inviting sealed proposals for furnishing the following: Ail 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: Furnish and install all material and equipment necessary for a complete and working power distribution system and a lighting system at the Nutwood and Ball Parksite in the City of Anaheim, including all appurtenant work, as more particularly set forth in the plans and specifica- tions on file in the Office of the City Clerk or City Engineer, Job No. 788. in accordance with the designs, plans, profiles and specifica- tions prepared by Pmul ]{ml~J~mmn , and the notice inviting seale~ propos'~ls, w~ich Said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o~clock P. M. of the 31st day of October , 19 63 , and which said notice did st"~te and decla~'e that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained 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 ascertained; and of 2:00 WHEREAS, on October 31 , 19 63 , at the hour o'clock P. M., 'the City Clerk and City Engineer' of -1- 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 utili~:ies and. transportation, in- c!uding power, fuel and. water, and performzno al.1 work necessary to construct and. complete, in a good amd workmanlike manner, in strict accordance with the specifications, plans and drawings there- for 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 c~id make a report to the City Council at its next-- re~ularo_ meeting; and W]{EREAS~ the City Council of the City of Anaheim did, at its next -- regular meeting, held on the __~ day of November , 19 63 , at the hour of 3:00o-~lock 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 SPENCER ~LECTRIC C .Q~i_0_...W. Chapman Av~nua: Orange, California ~ for the construction, installation and. completion of said Limhtinm and Powmr Distribution Systems at the Nutwood and Ball Park~it~, Jo~ No. 788; - - hereinabove mentioned, and described., was the lowest responsible pro- posal submitted -therefor, and thereupon accepted said bid and did award a contract to said SPENCER ELEC ~TRIC CO. .__ for furnishing all plant, labor, ser- vices, 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, the said pub- !lc 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 SPENCER ELECTRIC CO. which said contract was du'[~ ma-J~ and entered into on the ~ 7th. _ day o f Nov m_~b r , 19_~ ...... ; and WHEPgAS, the said SPENCER ELECTRIC CO. has furnished all plant, l~-~or, ser- vices, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and wor!cmanlike manner, in strict accordance with the speci- fications, 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 Paul Baughman , and the contract made and entered into with __iii__ by the City of Anaheim; and WHEPd~AS, the Director of __Public Works ...... has duly certified to the ~onstructi'on and compi-etion of ~said pubi-ic improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said SPENCF~ ELECTRIC ~O - _; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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~ 'THEREPORE~ BE IT RESOLVED by the City CounCil of the City of Anaheim that all plant~ labor~ services~ materials and equipment a~d all utilities and transportation~ and the per= formance of all work necessary to const~uct~ install and complete~ Ina good and workmanlike manner~ in strict accordance with the specifications~ plans and drawings therefo~ on file in the Office of the City Clerk of the City of Anaheim~ together with the appurtenances thereto~ said public improvement hereinabove more particularly described and set forths in the City of Anaheim~ by said contractor~ beg 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 contractor for said work be paid to i~ thirtyofive (35) days from and a£ter final acceptance of sa~rk 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 i~ accordance with the p~ovi~ions of said contract and contract documentso That acceptance by the con= tractor of said payments made in accordance with said final' estimate shall operate and shall be a release to the City of Anahetm~ its officers~ agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or fo~ anything relating to the work or any act or neglect of the City~ its officers~ agents and employees~ excepting only claims against the City for any amounts withheld by the City at the time of such paymento 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 requi~ed by lawo THE FOREGOING RESOLUTION is approved and signed by me this iM CITY CLERK 'O'ITZ cn,w.,~ 'o~ TH~ CITY OF ANAHE~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Sec CITY OF ANAHEIM ) Is DENE M. WI..L,L!AMS ,, , ~ City Clerk of the City of Anaheim~ d~ hereby Certify that 'the foregoing resolution was introduced and adopted at a - regular meeting pro= vided by law of the City Co~Cil °f~'the' City of Anaheim~ held on the ~ day of ~ April. '~,, ~. _~ 19 64 ~ by the following vote: AYESo ° COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler 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 28th day of April ..... ~ 19 6~_~__o IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this ~ ~ay of April . ~ 19._~o (SEAL) DENE M. WILLIAMS C-iTY~Cr, ERK- O~ THE cITY OF ANA~IM