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66-2522.00 RESOLUTION NO. 66R 252 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 FURNISHING AND INSTALLING CONCRETE FOUNDA- TIONS IN T HE ANAHEIM, LE A ND DOW LING SUBSTATIONS I THE C F ANAHE ORDER NO 3'69. 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 14th and 1 d October 1965 a notice inviting sea e• pro posals for urnishg the TaIlowing 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: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water (except as other- wise set forth in the specifications), and performing all work necessary to furnish and install complete in place, 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, various concrete foundations for electrical equipment in the Anaheim, Lewis, and Dowling Substations in the City of Anaheim, including reinforcing steel, anchor bolts, revision and extension of control cable trench and installation of underground duct banks and conduits, 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. 3969. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works pepartp@nt and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 28th day of October 19 65 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 wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on October 28 19 65 at the hour of o'clock P Ma, 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, 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 de- scribed and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, Californi:, and the City Engineer did tabulate the result of said sealed proposals and did make a re- port to the City Council at its next and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 2nd day of NNove er 1965 at the hour of 1 :30.o clod, con sider 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 th t the sealed proposal submitted by PEBLEY BROS. 302 East Broadwa Anaheim California tion, installation and completion of said various concrete founda- tations, W.0,3969 sere n �ovem�entione• an •escri•e•, was l owest responsible proposal subthltted therefor, nd thereupon accepted said bid and did award a contract to said PEBLEX JROS. for furnishing a p ant, nor, serv; ces, materia s an equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, 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 con tract for and on behalf of the City of An heim with Y)1LEY Altos. which said 5th d of regular meeting; contract was duly made and entered into on the November 19 65 and or t e construe- WHEREAS, the said PEEBLE BBRD S has furnished 11 plant, labor, services, materials and equipment and all utilities and transportation, and performing 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 de- tailed designs, plans, drawings, and specifications prepared by the Public Works Department and the contract made and entered into with them by the City of Anaheim; and WHEREAS, the Director of Public Work has duly certified to the construction an com p et on o se public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said PEBLEY BROS an 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 p yment of the balance due said contractor authorized in accordance with the contact documents. u N014 THEREFORE, BE IT RESOLVED b the City Council of the City of Anaheim that all plant, labor,iervices, materials and equipment and all utilities and transportation, and the per- formance 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 partinularly 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 3e Nia to them thirty-five (35) days from and after final acceptance of=7ork as evidenced by the adoption of this resolution, but not sooner than tnirty (30) days after the date of the filing of notice of completion, excepting only such sum or sums as Itty lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance 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 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 5th day of __AREil, 19 66 ATTEST: CLE OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R -252 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 5th day of April, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMAN: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -252 on the 5th day of April, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of April, 1966. (SEAL) CIT CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the origina) of Resolution No. 66R -252 duly passed and adopted by the Anaheim City Council on April 5, 1966. CITY CLERK