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83R-032 RESOLUTION NO. 83R-32 - A RESOLUTIO OF ANAHEIM AND THE FUR VICES, MATE ITIES AND T FUEL AND WA WORK NECESS FOLLOWING P OF THE CITY COUNCIL OF THE CITY IN ALLY ACCEPTING THE COMPLETION ISHING OF ALL PLANT, LABOR, SER- IALS AND EQUIPMENT AND ALL UTIL- ANSPORTATION INCLUDING POWER, ER, AND THE PERFORMANCE OF ALL RY TO CONSTRUCT AND COMPLETE THE BLIC IMPROVEMENT, TO WIT: STREET LIGHtING ASSESSMENT DISTRICT NO. 1981-6, TRACT NOS. ~228 AND 2705, IN THE CITY OF ANAHEIM, ACCOUNT NO. 124-676-6329-12110-37300. WHEREAS, tht City Council of the City of Anaheim did cause to be published in a newspaper of general circulation printed, published an circulated in the City of Anaheim, to wit: The Anaheim Bulletin,i on the 12th and 19th days of August -- , 19 82, a notice inviting sealed proposals for furnish~ng the fOllowing: All plant, labor~ services, materials and equipment, and all utilitie~ and transportation, includin~ power, fuel and water, ~nd performing all work necessary to . construct and coMplete in a ~ood and workmanlike man- ner, in strict apcordance 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: Street Lighting ~ssessment District No. 1981-6, 'Tract Nos. 2228 and 2705, ip the City of Anaheim, consisting of installa- tion of new streft light standards and high pressure sodium luminaires and high pressure luminaires on existing wood poles, including, all wiring and related work as shown o~ the, p1ans and de1ine~ted in the specifications on fi1e in the office of the City Engineer, Account No. 24-676-6329-12110- 37300, -- in accordance with th~ designs, plans, profiles and specifica- tions prepared by th Public Works Department and the notice inviti g sealed proposals, which said notice , ATT-40 -1- 'specified that s~aled proposals as specifiea in said notice would be received up ~ntil2:00 0'c10'ck P.M. of the 26th. day of ~st , 19~, and which said notice did state and ec are 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 af wages for each type of labor needed to exe- cute said contract, ~nd did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk, and . \olHEREAS, 0%1 the :26th day of August , 19~, at the hour of ~:oo o'c~ock P.M., the City CIeri and the City En~ineer of the City of Anahe~m did open said sealed proposals received up to that time for the ifurnishing of all plant, labor, services, materials and equipm~nt, and all utilities and transportation, in- cluding power, fuel ~nd water, and performing all work n~cessary to construct and comple~e, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office or the City Clerk of the City of Anaheim, the public improvement h~reinabove more particularly described and set forth, in pUblic, in 'the City Council Chambe;r in the City Hall; Anaheim, California, .nd the City Engineer did tabulate the result of said sealed propos.ls and did make a report to the City Council at its ~p.~ond subsequent regular or adjourned re~ular.meeting; and WHEREAS, th~ City Council 'of the City of Anaheim did, at its second subsequert regular or adjourned regular meeting, held on the 14th day of 'September , 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 s~t forth, and did thereupon find and determine that the sealed propo' al submitted by MENDOZA ELECTRIC, 3132 Flower Street, Huntin ton P rk, California 902555 for the construction, installation and completion of said Street Li htin Asse sment District No. 1981-6, Tract Nos. ~~~~ and 2705, in the Clty of , Ana helm, Account No. -6329 l~llU-31 uu hereinabove mentioned and described, was the lo~est responsible proposal submitted therefor, and thereupon acceptea said bid and did award a contract to said' contractor ~or ~urnis~in~ 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 a~d workmanlike manner, in strict accordance with the specificatio*s, plans and drawings, the said 'public im- provement as specifie~ in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of .Anaheim to execute a ~ontract for and on behalf of the City of Anaheim with said con~ractor, which said contract was duly made and entered into on the 13th day of October , 19 82; and WHEREAS, th~ said contractor has furnished all plant, labor, services, mate~ials and equipment and all utilities and transportation, and p~rformed all work necessary for the construc- tion and completion, ~n a good and workmanlike manner, in strict -2- accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the ~etailed 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 .-f'-~ WHEREAS, th~ Public Works Executive Director has duly certified to the conspruction and completion of said pUblic im- -- provement hereinabove: mentioned and described, in accordance with the plans and specifipations and the contract documents duly made and entered into with said contractor; and WHEREAS, th~ City Council finds that said contractor has completed said public! improvement hereinabove more particularly described in accordan~e with the provisions of the contract and the contract document~, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with th~ contract documents. NOW, THEREF~RE, BE IT RESOLVED by the City Council of the City of Anaheim t~at all plant, labor, services, materials and equiDment and all. utilities and transportation, and the per- formance of all work ~ecessary to construct, install and complete in a good and workman~ike 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, sai~ public improvement hereinabove more parti- cularly described and'set forth, in the City of Anaheim, by said contractor, be, and t~e same are hereby, accepted subject, never- theless, to all the t~rms, conditions and provisions of the contract documents, and that t~e balance due said contractor for said work be paid to said contr~ctor thirty-five (35) days from and after final acceptance of s~id work as evidenced by the adoption of this resolution, but not s~oner 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 sha~l be a release to the City of Anaheim, its officers, agents and ~mployees from all claims and liabilities due the contractor for an~th1ng done or furnished or withheld or for anything relating to the work or any act or neglect of the City, its officers, agents ~nd employees, excepting only claims against the City for amounts withheld by the City at the time of such payment. - AND BE IT F~RTHER RESOLVED that the Mayor be, and he is hereby, authorized to iexecute and file a notice of completion of said work as required by law. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Counci~ of the City of Anaheim this 1st day of February . 1983 !-. ATTEST: ".-- ~~ANAHEIM /fm . 1-24-83 .-- \