83R-123
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RESOLUTION NO. 83R-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FU~ISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
CONVENTION CENTER ARENA LIGHTING IMPROVEMENTS,
IN THE CITY OF ANAHEIM, ACCOUNT NO. 64-960-7115.
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 the 15th and 22nd days of July
_. , 19 8~, a notice inviting sealed
proposals for furnishing the fOllowing:
All plant, labor, services, materials and equipment,
and all utilities and "transportation, includinF power,
fuel and water, and performing all work necessary to .
construct and complete in a ~ood and workmanlike man-
ner, in strict accordance with the specifications,
plans and drawin~s therefor on file in the Office of
the City Engineer or City Clerk of the City of Anaheim,
the following public improvement, to wit:
Convention Center Arena lighting improvements, in the
City of Anaheim, consisting of installation of forty (40)
1500 watt Metal Halide special activity lights, 480 volt
branch feeder and branch circuits to Twenty (20) remote.
ballast assembly enclosures including two (2) 3-pole heavy
duty fused disconnect switches and one (1) 60 amp 3% lighting
contractor, and all appurtenant work as shown on the plans
and delineated in the specifications on file in the office
of the City Engineer, Account No. 64-960-7115,
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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
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'specified that scaled proposal~ as specifiea 1n said notice would
be received up ~ntil 2:00 o'clock P.M. of the 5th. day of
August , 1982 , and which said notice did state and
declare that, pursua~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 exe-
cute said contract, and did state that the prevailing hourly wage
scale so ascertained was on file in the Office of the City ClerkJ
and
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"1HE~AS, on the : 5th day of August , 19 82 , at
the hour of 2:00 o'clock P.M., the City Clerk and the City Enp;ineer
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, in-
cluding 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 third subsequent regular or adjourned re~ular meeting;
~d . .
WHEREAS, the City Council of the City of Anaheim did, at
its third sUbsequent regular or adjourned regular meeting, held
on the 24th day of August , 19 82 , at the hour of 1: 30
o'clock P.M., consider the sealed proposals submitted for furnish-
in~ the materials and performing the work hereinabove more particu-
larly described and set forth, and did thereupon find and determine
that the sealed proposal submitted by TOMAR COMPANY, 1404 South
Ritchey.Street, "B", Santa Ana, California 92705
for the construction, installation and completion of said
Convention Center Arena Lighting Improvements, in the City of Anaheim,
Account No. 64-960-7115
hereinabove mentioned and
described, was the lowest responsible proposal submitted therefor,
and thereupon accepted said bid and did award a contract to said'
contractor ~or ~urnishin~ 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, the said 'public im-
provement 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 22nd day of September , 19~; 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 construc-
tion and completion, in a good and workmanlike manner, in strict
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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 speci-
fications prepared by the Public Works Department, and the con-
tract made and entered into with said contractor by the City of
Anaheim; and
WHEREAS, the Public Works Executive Director has duly
certified to the construction and completion of said public im-
provement 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 particularly
described in accordance with the provisions of the contract 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 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, together with the appur-
tenances thereto, said public improvement hereinabove more parti-
cularly described and set forth, in the City of Anaheim, by said
contractor, be, and the same are hereby, accepted subject, never-
theless, to all the terms, conditions and provisions 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 evidenced by the adoption of this
resolution, but not sooner than thirty (30) days after the date of
the filing of notice of completion, 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 con-
tractor 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 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 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 29th day of
March . 19 83.
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ATTEST:
~~ANAHEIH
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3-17-83
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-123 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ~,
the 29th day of March, 1983, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-123 on the 29th day of March, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 29th day of March, 1983.
~J~'d;u
CITY CL RK 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. 83R-123 duly passed and
adopted by the Anaheim City Council on March 29, 1983.
~.!J~
CITY CLE
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