1979-444RESOLUTION NO. 79
A RESOLUTI Od OF THE CITY COUNCIL OF THE CITY
OF ANA11EI FINALLY ACCEPTING THE ':nf1PLETION
AND THE FUR:;TSIIING OF ALL PLANT LABOR, SER-
VICES, MATEk1ALS AND EQUIPMENT AJD ALL UTILI-
TIES AND TRANSPORTATION INCLUD J 0( 1'c )WER FUEL
AND WATER, AND THE PERFORMANCE U1' ALL WORK
NECESSARY TO CONSTRUCT AND COMPLr it THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
PERALTA CANYON PARK SPORTS FIELD AND
PARKING LOT LIGHTING, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 16- 805 -7103 -0
WHEREAS, the City Council of the City of Anancin did
cause to be published in a newspaper of general circulation.
printed, pub!ished and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on November 30 and
_Decembe 1979 a notice inviting sealed
r roposals for turnishing 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 Engin or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Peralta Canyon Park Sports Field and Parking
Lot Lighting, in the City of Anaheim, consisting
of the installation of sports field and parking
lot lighting including but not limited to: main
panel, sub panels, conduits, cable, poles,
footings, light fixtures, etc. All work material,
labor, equipment and fuel to perform work shall be
supplied by the contractor and all work shall be
none in accordance with the plans and delineated
An the specifications on file in the Office of the
City Engineer, Account No. 16 -805- 7103 -0000.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department
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
day of January 1979 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
prevailing hourly wage scale so ascertained was on file in the
Office of the City Clerk; and
WHEREAS, on January 4 4 19 79 at the .hour
of 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 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 ma/subsequent regular meeting; and
second
WHEREAS, the City Council of the City of Anaheim did,
at its RRNOSE8ggquent regular meeting, held on the 16th day
of January 1979 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 McCain Construction,___
909 Rancheros Drive, San Marcos Ca. 92069
for the construction, installation and completion of said Peralta
C.n P -k Sort F eld -nd Pa k' .f
Anaheim, Account 16 -805 -7.1Q3 -0000
hereinabove mentioned and
described, 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 Anaheim to execute 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 25th
day of January 19 79 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
ATT -40
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strict accordance with the specifications, 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 the Public Works
Department and the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the Director of Public Works
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 particu-
larly described in accordance with the provisions of the con-
tract and the contract documents, and that notice of completion
should he 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 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 of
Anaheim, by said contractor, be, and the same are hereby, accepted
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-
denced 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 oper-
ate 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 any-
thing 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.
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THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 31st day of
July 1923.
ATTEST:
LINDA D. ROBERTS, CITY CLERK
BY:
DEPUT C LERK OF THE CITY OF ANAHEIM
/jh
MAYOR OF THE CITY OF ANAHEIM
PRO TEM
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. 79R -444 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 31st day of July, 1979, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 79R -444 on the 31st day of July, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 31st day of July, 1979.
(SEAL)
LINDA D. ROBERTS, CITY CLERK
Ag0a
DEPUTY CITY CLERK
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 79R -444 duly passed and adopted
by the Anaheim City Council on July 31, 1979.
LINDA D. ROBERTS, CITY CLERK
By Pt*t,A-2
DEPUTY CITY CLERK