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83R-441 RESOLUTION NO. 83R-44l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FIN~LLY 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: YORBA SUBSTATION EQUIPMENT AND STRUCTURE FOUNDATIONS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 55-659-6329-8603A-36200. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on. the 5th and 12th days of May, 1983, 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: Yorba Substation equipment and structure foundations, in the City of Anaheim, consisting of the construction of equipment foundations. Necessary site preparation, excavation and all appurtenant work complete and in place in accordance with the plans and specifications on file in the office of the City Engineer, Account No. 55-659-6329-8603A-36200, in accordance with the designs, plans, profiles and specifications prepared by the Public Works Department, and the notice inviting sealed proposals, which said notice specified that sealed propo- sals as specified in said notice would be received up until 2:00 o'clock P.M. on the 19th day of May, 1983, 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 ascertained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the pre- vailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on the 19th day of May, 1983, 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 necessary to con- struct 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 a meeting held no later than thirty (30) days after the bids were opened; and WHEREAS, the City Council of the City of Anaheim did, at a subsequent regular or adjourned regular meeting, held on the 3lst day of May, 1983, at the hour of 1:30 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 MARKEL CEMENT CONTRACTING, INC., Post Office Box 1936, Costa Mesa, California 92626 for the construction, installation and completion of said Yorba Substation equipment and structure foundations, in the City of Anaheim, Account No. 55-659- 6329-8603A-36200 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said contractor for furnishing 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 speci- fications, plans and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did auth- orize the Mayor and the City Clerk of the City of Anaheim to exe- cute a contract for and on behalf of the City of Anaheim with said contractor, which said contract was duly made and entered into on the 8th day of August, 1983; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construc- tion 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 pro- posals and in the detailed designs, plans, drawings and specifica- tions prepared by the Public Works Department, and the contract made and entered into with said contractor by the City of Anaheim; and -2- ~-""'-""""'~ WHEREAS, the Public Works Executive Director has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said contractor; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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 perform- ance of all work necessary to construct, install and complete in a good and workmanlike manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurten- ances thereto, said public improvement hereinabove more particu- larly described and set forth, in the City of Anaheim, by said contracto~, be, and the same are hereby, accepted subject, never- theless, to all the terms, conditions and provisions of the con- tract documents, and that the balance due said contractor for said work be paid to said contractor 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 accep- tance by the contractor 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 amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of November, 1983. ~ MAYOR OF THE ~ ~- ATTEST: ~ ~{E~Mt:~OF ANAHEIM /fm 1692M -3- ll/7/83 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-44l was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of November, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-441 on the 15th day of November, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of November, 1983. ~'A..)A,~ CITY CLERK OF THE CI Y OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-44l duly passed and adopted by the Anaheim City Council on November 15, 1983. ~LC~~ ,.~""".".",.'._,_.,...'.~""--~"