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78-738 ,- ...-, ...-.. RESOLUTION NO. 78R::-13.8 _ A RESOLUTIOl! OF THE CITY COUNCIL OF THE CITY OF ANAHEU~ FI NALLY ACCEPTING THE r:Ot1PLETION AND THE FI!, InSHING OF ALL PLANT LABOR, SER- VICES, HATEklALS AND EQUIPMENT f\.JD ^LL UTILI- TIES AND T NSPORTATION INCLUDJl~(, POWER, FUEL AND WATER, ND THE PERF01U1ANCE OF ALL WORK NECESSARY COHSTRUCT AND COMPU'~TE THE FOLLOW- ING PUBLIC UiPROVEMENT, TO WIT: ! : REPLACEMENt' OF INCANDESCENT STREET LIGHTS VARIOUS LOTIONS IN THE CITY OF ANAHEIM, ACCOUNT NO. 50-4870-622-55-6994,AND/or ACCOUNT NO. 24-677-6325-69940-3730 I AT WHEREAS, thj City Council of the City !')f Anahcir:1 did cause to be publish d in a newspaper of general circulat Le.n. printed, publi~hed nd circulated in the City of Anaheim, to wit: The Ana~eirn B lletin, on the 6th and 13th da~~_ __ ..APJ:'J.1 I ______, 19 78 _, a notice inviting sealed "roposalsror furni~ning the following: All plant, labo~, sprvices, materials and equipment, and all utilities a d transportation, including power, fuel and water, and erforming all work necessary to construct and complete in!a good and workmanlike manner, in strict accordance with jthe specifications. plans. and drawings therefor on fil~ in the Office of the City Engineer or City Clerk of tlie City of Anaheim, the following public improvement, to ;wit: Replacement of oncandescent street lights at various locations in th City of Anahe~ consisting of removal and return of isting incandescent luminaires and lamps, replace nt of same with mercury-vapor lumin- and test operatO n in strict accordance with the plans and specificati ns on file in the Office of the City Engineer, Acco t No. 50-4870-622-55-6994, and/or Account o. 24-677-6325-69940-3730 ,~ in accordance with the designs, plans, profiles and specifica- tions prepa:-ed ~y . ! the P~b~iC Works Dep~..tm.ent ___ and the notlce lnv~g sea e proposals, ~ ich said notice -1- ATTV-40 j L - -" .~, specified that seal~d proposals as specified in said notice would be received u' until 2:00 o'clock P.M. of the 20th day of A r 1 ,1978 ,and which said notice did state ane ec are tlat, pursuant to the provisions of Section 1770 of the Labor C de, the City Council of the City of Anaheim had ascertained thelprevailing rate of wages for each type of labor needed to exe~ute said contract, and did state that the prevailing hourly w ge scale so ascertained was on file in the Office of the City ,lerk; and WHEREAS, on A~ril 20 , 1978 , at the hour of 2:00 o'clock P. ., the C~ty Clerk and the City Engineer of the City of Anah 1m did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equip ent, and all utilities and transportation, including power, fu 1 and water, and performing all work necessary to construct and co plete, in a good and workmanlike manner, in strict accordance w.th the specifications, plans and drawings therefor on file in :the Office of the City Clerk of the City of Anaheim, the PUblic~limprovement hereinabove more pa.rticularlY described and set f rth, in public, in the City Council Chamber in the City Hall, A aheim, California, and the. City Engineer did tabulate the result !of said sealed proposals and did make a report to the City Council iat its next _ _ _ _ _ regular meeting; and WHEREAS, th~ City Council of the City of Anaheim did, at its next_ - - _ i regular meeting, held on the ~ day of lVf~y i' 1978 , at the hour of 1:~9 oTcTock P.M., consider the sealed proposals submitted for furn~shing the materials and perfo ing the work hereinabove more particularly described and set f rth, and did thereupon find and determine that the sealed pro~osal submitted by SMITH EI~CTRJC SVPPLY, ,- , ereinabove mentioned and described, was the l~west responsible proposal submitted there- for, and thereupon ~ccepted said bid and did award a contract to said contractor ~or furnishing all plant, labor, services, materials and equip~nt and all utilities and transportation, including power, fueil and water, and performing all work neces- sary to construct an~ complete, in a good and workmanlike man- ner, in strict accor~ance with the specifications, plans and drawings, the said p~blic improvement as specified in said notice inviting seal~d proposals, and did authorize the Mayor and the City Clerk o~ the City of Anaheim to execute a contract for and on behalf of! the City of Anaheim with said contractor, which said contract ~as duly made and entered into on the 4th day of Ma)l\' 19~; and WHEREAS, thel said contractor has furnished all plant, labor, services, mat~' rials and equipment and all utilities and transportation, and erformed all work necessary for the con- struction and comple ion, in a good and workmanlike manner, in -2- ..- --, - strict accordance Wifh the specifications, plans and drawings of said public impro ement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings and specifications p epared by th~ Public Works De~art~~~ ' an the contract made and entered into W1th satd contractor by the City of Anaheim; and WHEREAS, tie Director of PUhlic WQrk~ has duly certified t the construction and complet1on of said public improvement h reinabove mentioned and described, in accordance with the lans and specifications and the contract documents duly made nd entered into with said contractor; and WHEREAS, t has completed said p larly described in a tract and the contra should be filed and authorized in accord e City Council finds that said contractor blic improvement hereinabove more particu- cordance with tbe provisions of the con- t documents, and that notice of completion ayment of the balance due said contractor nce with the contract documents. "- NOW, THERE ORE, BE IT RESOLVED by the City Council of the City of Anaheim at all plant, lahor, services, materials and equipment and al utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete in a good and orkmanlike manner, in strict accordance with the specificati ns, plans and drawings therefor on file in the Office of the Ci y Clerk of the City of Anaheim, together with the appurtenanc s thereto, said public improvement herein- above more particula ly described and set forth, in the City of Anaheim, by said con ractor, be, and the same are hereby, accepted subject, nevertheles , to all the terms, conditions and provi- sions of the contrac documents, and that the balance due said contractor for said 'ork be paid to said contractor thirty-five . (35) days from and a ter final acceptance of said work as evi- denced by the adopti n of this resolution, but not sooner than thirty (30) days aft r the date of the filing of notice of com- pletion, excepting 0 ly such sum or sums as may lawfully be withheld in accordan e with the provisions of said contract and contract documents. !That acceptance by the contractor of said payments made in acc~rdance with said final estimate shall op~r- ate and shall be a r~lease to the City of Anaheim, its officers, agents and employees [from all claims and liabili~ies due the contractor for anyth~ng done or furnished or withheld or for any- thing relating to th~ work or any act or neglect of the City, its officers, agents andiemployees, excepting only claims against the City for amounts iwithheld by the City at the time of such payment. AND BE IT ~RTHER RESOLVED that the Mayor be, and he is hereby, authorize1_to execute and file a notice of completion of said work as requ~red by law. -3- ATT-40 - -> THE FOREtOING RESOLUTION is approved and adopted by the City Counci of the City of Anaheim this 14th day of November . 1.7~. "'.'-"h MAfu C~IM En,;; . EM ATTEST: .~ .,....., ...........\ STATE OF CALIFORlIA ) COUIII'l'Y' . OF OlWfGE ) S8 . CITY OF ANAHEIM ) ~ I, LINDA D. ROBERTS, City Cl tk of the City of Anaheim, do hereby certify that the foregoing Resolutio No. 78R-738 was introduced and adopted at a regular meeting provided by $W, of the City Council of the City of Anaheim held on the 14th day of Nove er, 1978, by the fOllow,:tp.8 vote of themeD1bers thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Kaywood NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that ~ Mayor Pro Tem of the City of Anaheim signed said Resolution No. 78R-738 n the 14th day of November, 1978. IN WITNESS WHEREOF, I have h j:'eunto set my hand and affixed the seal of the City of Anaheim this 14th da of November, 1978. ~~~ CITY CL RK OF 'mE CI OF ANAHEIM (SEAL) I. LINDA D. ROBi~TS, City C1 ~k of the City of Anheim, do hereby certify that the foregoing is the or ~ina1 of Resolution No. 78R-738 duly passed and adopted by the Anaheim C ty Council on November 14, 1978. (~.~~li~A1Tf '\ I.