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1973-589 ~- RESOLUTION NO. 73R-589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEP~ING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: PHASE II - CONSTRUCTION OF SHARP SUBSTATION AT LA PALMA AVENUE AND PAULINE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 8004. 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 22nd 29Th ~~!=: of Maxch an5. the 5th dal';of April , 19 73 " a noti e invitJ.ng sea ed proposals or 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: Phase II - Construction of Sharp Substation at La Palma Avenue and Pauline Street, in the City of Anaheim consi~ting of ~he installation of foundations, trenchin~, duct J.nstallatJ.on, construction of block walls, gates, 4? MVA transformers; switch gears; switch gear house; cJ.rcuit breakers, power transformers; disconnect switches; capacitors; distribution feeder positions; electrical apparatus; and the various architectural elements and structures and appurtenances as shown on the plans and de- lineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 8004. ..- in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Departm~n~ and the notice inviting sealed proposals, whJ.c said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of th~ l2j9 day of April, 19 73 , and which said notJ.ce J.d 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 -1- .- ~HEREAS, on __ April 12 , 19 .1~":it the hour of _ ~: 00 0 clock P. M.., the Cl ty Clerk and t,he Cl'l".y EngIneer ot the C1 ty of Anahei m di"d open sa~d sealed proposals rece". ved .lp to that tlmefor t.he furn! shing of all plant , labor, serVl ces . materials and equIpment, and all utlllties and transportatlor;, 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 specLflcations, plans and drawings therefor on f11e In the OffIce of the City Clerk of the Clty of Anahe1m, the publ ic .l.mprovement herel.nabove more particul.::i.r' ...y described and set forth, in public, l.n the CIty CouncIl Chamber in the City Hall, Anaheim, California, and the City Engl.neer d1d tabulat.e the result of said sealed ~roposals and d.t d make a report to the Ci ty Council at its next - - - -- - regu Lar meet1ng; and WHEREAS, the C.lty Council of the City of Anaheim did, at 1 ts next - - - - - - regular meet1ng, held on the 24th day of April , 19,2L, at the hour of 1:30 0 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 JELCO INCORPORATED, 10244 Arrow Highway, Cucamonqa, California 91730 for the construction, 1nstallation and completion of saId Phase II - Construction of Sharp Substation at La Palma Ave. & Pauline St., in t1).e City of Anaheim, Work Order No. 8004 hereinabove mentIoned and desc~lbed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to sald JELCO INCORPORATED for furnishIng all plant, labor, servl.ces, materials and equipment and all utilities and transpor- tation, .1ncluding 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, pl.ans and drawings, the said public improvement as specified in said notJ.ce inviting sealed proposals, and did authorize the Mayor and the Ci.ty Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with JELCO INOORPORA~ED whl.c! Sdlod contract was duly made and entered J.nto on the 1st day of May , 19]L; and JELCO INCORPORATED has furnJ.shed all plant, labor, servJ.ces, materJ.als and equipment and all utilities and trans- portation, and performed 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 inviti.ng sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Department , and the contract made and entered l.nto by the City of Anaheim; and WHEREAS, the said w1th it ..........--. WHEREAS, the Director of Public Works has duly certified to the construction and completJ.on of saJ.d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said JELCO INCORPORATED ; and -2- <~ 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 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- 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 contt'actor 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 liabili,ties 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 18th day of December, 1911-. ATTEST: ,~...-... -3- - - .~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-589 was passed and adopted at a regular meeting of the City Council held on the 18th day of December , 19 73 , by the following vote of the members thereof: --- AYES: COUNCILMEN: NOES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 18th day of December , 19 ~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of DecetnQ~;J:' , 19 ~. ~M[)~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-589 duly passed and adopted by the Anaheim City Council on December 18, 1973. ~)Jf j)~ City Clerk -