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1973-588 RESOLUTION NO. 73R-588 - 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 \'-lATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PHASE II - CONSTRUCTION OF CLAIR SUBSTATION AT BALL ROAD AND MAGNOLIA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 8002. 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 March 22nd and 29th and _ April 5th , 19 73 , a notice inviting sealed proposals for 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 Clair Substation at Ball Road and Magnolia Avenue, in the City of Anaheim, consisting of the installation of foundations, trenching, duct in- stallation, construction of block walls, gates, 40 MVA transformers; switch gears; switch gear house; circuit breakers; power transformers; disconnect switches; capa- citors; distribution feeder positions; electrical appar- atus; and the various architectural elements and struc- tures and appurtenances as shown on the plans and delin- eated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 8002. in accordance with the designs, plans, profiles and specifica- tions prepared by t-hA P1t' i,.. TNt"\1'"k~ Depar~ent. . ' and the notice inviting sea ed proposals, wh~ch sa~d not~ce specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 12th day of ~pril , 19 73 , and which said notice did state and dec are 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 l~b~r needed to execute said contract, and did state that the preva~l~ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- - WHEREAS, on April 12 , 19 _~, at the hour of 2:00 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, servi- ces, materials and equipment, and all utilities and transporta- tion, 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 next regular meeting; and MIEREAS, the City Council of the City of Anaheim did, at its next ------ regular meeting, held on the 24~h day of April , 19~, at the hour of 1:10 o'clock P.M., consider the sealed proposals submitted for furnishing the materials and performiug the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by JELCO INCORPORATED, -1]244 Arro~ Hig~ay, Cuc~onga, Califor~i~__91730 for the construct1on, 1nstallat1on and complet1on of said _____ Phase II - copstructioILof Cli;! j r Rllbstat: ; on at R~ 11 'RC'l~c1" ;ml'1 Magnolia Avenue, in the City of AnahAim, Work Orl'1Ar No ROO? 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 April , 19 73 ; 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 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 -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 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. THE FOREGOING RESOLUTION is approved and signed by me this 18th day of December , 1973 . c / ~~ ' "I ~ ~~~~ THE CITY OF IM ATTEST: ~E2nOF~~ ANAHEIM ,- -3- - .- -, STATE OF CALIFOro~IA ) 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-588 was passed and adopted at a regular meeting of the City Council held on the 18th day of December , 1973 , by the following vote of the members thereof: --- AYES: COUNCILMEN: NOES: COUNCIL~mN: 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 l8t~_ 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 December , 19 73 . ~ ffi j)~ CIT 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-588 duly passed and adopted by the Anaheim City Council on December 18, 1973. 4LR N.j)~ City Clerk -