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78-177R[?SOLLITION i~IO. 78R-177 A RESOLCJTI(~iJ +lE T[ii/ CITY COt.Jt1(;IL OI~' Tl{E CITY OF ANA{IEI^^ F i PJALLY ACCEPTING THE ''CCIPLETION AND THE Fl' R"; I S~I-1I~dG OF ALL PLAINT I,A ROR , S ER- ""''~ VICES, MA'['EE<IALS AID EQUIPMENT ~~~IU ALL. UTILI- TIES AIVD TRAI:~SPORTATI01~1 I[dCLL'D [i~~(; I'()WL'R, FUEL AND WATER , A{~1D THE PERFORi'IAi1CE 01~ ALL WORK NECESSARY TO COiJSTRL'CT A1`~D COMPLr'i'L THE FOLLOW- ING PUBLIC Itil'RC~VEMENT, TO WIT: EQUIPMENT AND STRUCTURE FOUNDATIONS AT YORBA SUBSTATION, IN THE CITY OF ANAHEIM, ACCOUIQT NO. 32-4803-611-52-6395. WHERE~~S , the City Council of the City of Anaheim ci i cI cause to be rublished in a newspaper of general circulation, printed, pubi.Ghed and circulated in the City of Anaheim, to wit : The Ana:leim Bulletin, on ~~~ 10th _a~d__J~~d_ys of __ ______, 19 7 a notice inviting sealed ~~roposa s~or furnishing the f.o~lowing All plant, labor, sFrvices, materials and equipment, and all utilities and `ranspor.tation, including power, fuel and water, and performing all wort: necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor ~~n file in the Office of the City rn~,ineer or City Clerk of the City of Anaheim, the following public improvement, to wit.: Equipment and structure foundations at Yorba Substation, in the City of Anaheim, consisting of furnishing all labor, supervision, material and equipment, necessary to construct or install foundations, cable trench, riser duct, conduit, ground bus and other related work complete, in accordance with plans and specifications for this pro- ject on file in the office of the City Engineer, Account No. 32-4803-611-52-6395, in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department __, and the notice inviting seated proposals, which said notice -1- ATT Y-40 specified that sealed proposals as specified in said notice would be received up until 2;0Q o'clock P.M. of the 23rd day of November 19 77 and which said notice did state anti ec are t: at, 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 prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WI-iEREAS , on November 23 19 77 at the hour of 2:00 o'clock P.M., the City C erk 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 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 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 regular meeting; and secc~h su Sequent WHEREAS, the City Council of the City of Anaheim did, at its~d subsequentregular meeting, held on the _ day of 19 at the hour of x:30 o clock P.M., consi er t e sea e proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereuponf_ind and determine that~the sealed proposal submitted by JENKIN CONSTRUCTION P NY P. O. Box 1427 Lon Beach California 90801 or the construction, installation and completion o said _equ~,pment and structure foundations at Yorba Substation, in _th~ Cit~~~naheim, Account No. 32-4803-611-52-6395, hereinabove mentioned and escribed, was the lowest responsible proposal submitted there- for, 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 neces- sary to construct and complete, in a good and workmanlike man- ner, in strict accordance with the specifications, 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 Ana:zeim to execute a contract for and on behalf of the City of Anaheim with said contracl5t~i which said contract was duly made and entered into on the day of December 19 77 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 con- struction and completion, in a good and workmanlike manner, in -2- strict accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the derailed designs, plans, drawings and specifications prepared by the Public Works Department ~~ an . the contract ma e an entered into with said contractor by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction an comp etion o 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 particu- larly described in accordance with the provisions of the con- tract 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 tl~e 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 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 o.f. Anaheim, by said contractor, he, and the same are hereby accepter>, subject, nevertheless, to all the terms, conditions and provi- sions of the contract 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 evi- dence by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of com- pletion, 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 accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, 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. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21~ day of March 197 8 . } .;- ~,.~ ~. IT A M ATTEST: ~' d..~ /fm --- ` STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R-177 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of March, 1978, by the. following vote of the members thereaf: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kott AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-177 on the 21st day of March, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of March, 1978. ,~, ~,a ~, a •~ a . w.~.. ~~ CITY CLERK OF THE CITY 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. 78R-177 duly passed and adopted by the Anaheim City Council on March 21, 1978. .~ _..~. ~w ~~+. .. --- ~ .~ ~~ CITY CLERK