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59R-5010 RESOLUTION NO. 5010 ,~..,,- A RESOLUTION OF THE CITY COillfCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LlBOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTI~ ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY 'ID CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, AN ll-~ KV SUBSTATION ON THE EAST SIDE OF CLAUDINA ~ ~~T~ ~ THE SOUTHERN PACIFIC :t~g~~ Rf~~F-WAY. AND NORTH OF ELLS'WORTH AVENUE. 'WORK ORDER NO. 2261 WHEREAS, the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit, The Anaheim Bulletin, on the 8th and 15th d"YII of' Setltember , 19 56 , a notice inviting sealed pro- posals for furnishing the followings All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work nec- essary to construct and complete in a good and work- manlike manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the Superintendent of Light, Power and Water or the City Clerk of the City of Anaheim, the following public improvement, to wit: The designing, construc- tion and completion of an 11-4 KV Substation on pro- perty owned by the City of Anaheim on the East side of Claudina Street, South of the Southern Pacific Railroad right-of-way and approximately 320 feet north of the center line of Ellsworth Avenue, in the City of Anaheim, together with all appurtenant work, as indicated on the plans, Work Order No. 2261, in accordance with the .~ .r ~ r plans, profiles and specifications prepared by the Sutlerintendent of LiJ<:ht.PQwer and Water and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 7: 00 o' clock P. M. of the 25 th day of September , 19..2'2..., 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 set forth the pre- vailing hourly wage scale so ascertained; and WHEREAS, at a regular meeting of the City Council held on the 2E5th day of ~ep1iember , 191)6 ,at the hour of 7:00 o'clock P. M.' of said ate, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and -1- 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, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to theSupt. of Light, POloJ";f "'n~ Water for examination, tabulation and report to the City Coune~ an sai SllPA~:l ntendeOf, did thereupon examine and tabulate said sealed pro- posals and repor the resu t of his tabulation to the City Council; and WHEREAS, the CUy Council did meet in regular session on the 9th day of October , 19~, at the hour of 7 :0001 clock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Superintendent of LilZht. Power and Water of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by BECHTEL CORPORATION. 4620 Seville Avenue. Vernon. California for the construction, installation and co~ pletion of said 11-4 KV SUB~TATION. WORK ORDER NO. 2261 hereinabove mentioned and des- cribed was the lowest resnonsible pronos~l submitted therefor, and thereupon ac- cepted said bid and did award a contract to said BECHTEL CORPORATION for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessa~{ to construct and complete, in a good and workmanlike manner, in strict aGcordance with the specifications, plans, and drawin['.s, ti:1e said public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of Anaheiill to execute a contract for and on behalf of the City of Anaheim with _ BECHTEL CORrOHATION which said contract was duly made and entered into on the li)th day of October , 19~; and WHEREAS, the said BECHTEL CORP0HA,'1'ION has furnished all plant, labor, services, materials 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 specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, " '!!l' plans, profiles, drawings and specifications prepared by the Supt. of Light, Power and Water. , and the contract made and enterea:-- into with it by the City of Anaheim; and WHEREAS, the _.,P\.l1i}'l~ Tlt~.H.t1~ILPtrector has duly certified to the construction and cOlnpletion 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 BECHTEL CORPORATION , 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 co~ pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT ~~SOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the perforrr~nce of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the spe- cifications, plans and drawings therefor on file in the office of the City Clerk of the City of An~leim, together with the appurtenances thereto of 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, -2- L:: ' ~, . -) '" < . .~ C~toF ~~F'r~ nevertheless, to all the terms, conditions and provisions of the contract docu- ments, and that the balance due said contractor for said work be paid to it 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 complption, 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 officers, agents and employees from all claims and lia- bilities 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. day of THE FOREGOING RESOLUTION is signed and approved by me this 27th Januar'{ , 19 59 . a ~ ?;cL;U- MAYOR 0 CITY OF ANAHEIM ATTEST: ~) --)" --) l..-. , ~ /;/(, / '~.-' ~' CITY CLERK OF ~ CITY 01 ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORA."lGE ) ss. CITY OF ~"lAEEIM ) I, Anaheim, do here by at a _________ of Januarv DENE M. WILLIAMS , City Clerk of the City of certify that the foregoing Resolution was passed and adopted regular meeting of the City Council held on the 27th day , 19~, by the following vote of the members thereof: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 27th day of January , 19--59.... IN WITl{ESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this Z1 th day of January , 19...5L. .,..-, / -) "1 c;-_.. ALx-L- #. ~~ CITY CLERK OF THE CITY 0 ANAHEIM (SEAL) -3-