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64-296RESOLUTION NO. 64R-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT~ LABORs SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES TRANSPORTATION INCLUDING POWERs FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT, TO WIT: CONSTR!~CTION OF POWER DISTRIBUTION AND FLOODLIGHTING SYSTEMS AT THE CRESCENT AND '~ILBERT'"'PARKSITE, IN THE CITY ..OF ANAHEIM, JOB NO. 789. 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 d.ays of OGtober , 19 63 , a notice inviting sealed 'p~'Oposals for fu'rnishing 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 for floodlighting systems at the Crescent and Gilbert Parksite, in the City of Anaheim, as more particu- larly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 789. in accordance with the designs, plans, profiles and specifica- tions prepared by Paul Baughman , and the notice inviting sealed proposals, .... 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 state and declare ~hat', 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 C'ity Cler~ and 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, in- c!uding power, fuel and water, and performing all work necessary to construct and complete, in a good and worlcmanlike 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 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 5th day of Nov~mber~ ~ , 19 6_~__, at the hour of 3:00 o~ 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 submit'~_ed by SPENCER ELECTR. IC__0_~W. ~ha~m~n A¥~_nu~, Orange, California,_ ' for t~e conStrUction, inst-allation and completion of said Power Distribution ~nd Flood- lighting Systems at the Crescent and Gilbert. p~rksite, Job No. 789, hereinab°ye mentio~-~d~ ~d' deScrlbed.~~s the i~0weSt resPonsibi~e pro- posal submitted therefor, and. thereupon accepted said bid and did award a contract to said SPENCER ELECTRIC CO. -- ~ ~ V- a'll-plant !~ab°r ...... ser- ..... ~o_ furnishing , , 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- lic 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. wh'ich said contract was duly made and entered into on the 7th day o f ~ovembe~_ , 19 63 __; and i~THEPgAS, the said. SPENCER ELECTRIC CO. has furnished all plant, la~-o~z-, ser- vices, materia-~ and equipment and all utilities and transportation, and. performed all work necessary for the construction and completion, in a good and workmanlike 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, p!ans~ drawings, and specifications prepared by Paul Baughman , and the contract made and entered into with __j~_____ by the City of Anaheim~ and krHEPCEAS, the Dirmctor of ~ublic Works has duly certified to the ~onstruction and compi-et~ion Of Said'public improve- ment hereinabove mentioned and described, in accordance with the plans and. specifications and the contract documents duly made and entered into with said SPENCER ELECTRIC CO. ; 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~ £HEREFORE~ 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 per- formance of all work necessary to construct, install 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~ together with the appurtenances thereto, said public improvement hereinabove 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 contractor for said work be paid to it thirty~five (35) days from and after 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 in accordance with the provisions of said contract and contract documents. 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 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 employees, excepting only claims against the City for any amounts withheld 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 ~ day of ...... ADril .... , 19 ~54 . r~'~.?. , MAYOR OF TME ~CITY OF ANAMEIM" ATTEST: DENE M. WILLIAMS 'x~ ' G ITY GLERK CITY CLERK OF THE CITY 'OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s. CITer OF ANAHEIM I, DENE M. WILLIAMS , City Clerk of the City of Anaheim, do h-~e--~-~e-r~{~y that- the' foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Counctl-0~"t~e ~ty of Anaheim, held on the day of .... Apr~_l ..... , 19 6. 4 _ AYES 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 si~ned said resolution on the 28th day of April , IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this ~ 28th of Amr~ l __, 19 64 day DENE M. WILLIAMS C]-T~d~E~x OF THE dITY OF ANAHEIR Deputy City Clerk