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80R-573 THE FOREgOING RESOLUTION is approved and adopted ~c~~e~ity counci~8~f the City of Anaheim this 23rd day of , !-.. 1"'1. , i/IIf1IIIt., ~ ATTEST: Ifm ~. ~ r .~ I~ .~ ..-." RESOLUTION NO. ~573 A RESOLUT ~N OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIFINALLY ACCEPTING THE COMPLETION AND THE F$NISHINGOF ALL PLANT, LABOR, SER- VICES, MA RIALS A~D EQUIPMENT AND ALL UTIL- ITIES AND ~RANSPOR~ATION INCLUDING POWER, FUEL ANDTER, ANn THE PERFORMANCE OF ALL WORK NECE . ARY TO qONSTRUCT AND COMPLETE THE FOLLOWING ,UBLIC IMPROVEMENT, TO WIT: TRAFFIC SIU" ~. AL MODI'. ICATION AT THE INTERSECTION OF LINCOLN ~VENUE ~D SUNKIST STREET, IN THE CITY OF AN ElM, ACtOUNT NO. 01-795-6325-5200. /~ .~ WHEREAS, t~'e City Cpuncil of the City of Anaheim did cause to be pUblishe ! in a ne~spaper of general circulation pl'inted. published a: cil'cul~ted in the City of Anaheim. to wit: The Anaheim Bulletin. on the. 7th and 14th days of February i . ; ,. 19 50, a notice inviting sealed proposals tor furnis~~ng the Pollowing: All plant, labof' 1J services, materials and equipment, and all utiliti ~ and tr~nsportation, including power, fuel and water"and perfOrming all work necessary to construct and c rnplete in a good and workmanlike man- ner, in strict ccordanc~ with the specifications, plans and drawi gs therefor on file in the Office of the City Engine r or City Clerk of the City of Anaheim, the following p blic improvement, to wit: Traffic signal Lincoln Avenue Anaheim, consis signals and saf work as shown 0 specifications Engineer, Accou odification at the intersection of nd Sunkist Street, in the City of ing of tbe installation of traffic ty lighting, and all appurtenant the pla~s and delineated in the n file im the office of the City t No. 01.795-6325-5200. ,~ I i~ in accordance with tions prepared by and the notice in v specifica- , ATT-40 -1- ; I ! J bj ~ """'"" ..~. as specified in sai~notice would be received up until 2:00 o'clock P.M. on the ~lst day of ~bruarv ,19~, and which said notice did stat~declare that, pursuant to the provisions of Section 1770 of t~e Labor Code, the City Council of the City of Anaheim had ascertai~ed the prevailing rate of wages for each type of labor needed to eptecute said contract, and did.state that the prevailing hourly wa~..e scale so ascertained was on file in the Office of the City C~erk; and WHEREAS, O~.. the 21~t day of Fe~~rif ,19....8..0..., at the hour of 2:00 o'c I.OCk P.M., the City Cler an the City~gineer of the City of Anahe m did open said sealed proposals received up to that time for the! rurnishing of all plant, labor, services, materials and equipm~nt, and all utilities and transportation, in- cluding power, .fuel ;md water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the bpecifications, plans and drawings therefor on file in the Office o~ 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 Chamber in the City Hall, Anaheim, California"and the City Engineer did tabulate the result of said sealed propopals and did make a report to the City Council at its second subs~quent regular or adjourned regular meeting; and .".~ ! hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accept~d said bid and did award a contract to said contractor for furni$hing 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 .nd workmanlike manner, in strict accordance with the specificati~ns, plans and drawings, the said public im- provement as specifitd in said notice inviting sealed proposals, and did authorize th, 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 co~t~actor, which said contract was duly made and entered into on the . l~th day of March , 1980 ; and T _ WHEREAS, t~e said contractor has furnished all plant, labor, services, mattrials and equipment and all utilities and transportation, and ~erformed all work necessary for the construc- tion and completion, 'in a good and workmanlike manner, in strict -2- , I I -...- ; j. i~ -""""' accordance with the .~ecifications, plans and drawings of said public improvement a$ specified in the notice inviting sealed proposals and in the!detailed designs, plans, drawings and speci- fications prepared b* the Public Works Department, and the con-. tract made and enter.d into with said contractor by the City of Anaheim; and ...-..,., WHEREAS, tij~ Public Works Executive Director has duly certified to the conitruction and completion of said public im- provement hereinabov ,mentioned and described, in accordance with the plans and specif ~ations and the contract documents duly made and entered into witij said contractor; and . WHEREAS, t~'e City Council finds that said contractor has completed said publi ....improve~.ent hereinabove more p articu. larly described in accorda ~e with the provisions of the contract and the contract documen s, and that notice of completion should be filed and payment Off the balance due said contractor authorized in accordance with t~e contraot documents. NOW, THERE~ORE, BE IT RESOLVED by the City Council of the City of Anaheim ~hat all plant, labor, services, materials and equipment and al~ utilities and transportation, and the per- fo~ance of all work !necessary to construct, install and complete in a good and workma~like manner, in strict accordance with the specifications, plan~ and drawings therefor on file in the Office of the City Clerk of !the City of Anaheim, together with the appur- tenances thereto, sa~d public improvement hereinabove more parti- cularly described an~ set forth, in the City of Anaheim, by said contractor, be, and tlhe same are hereby, accepted subject, never- theless, to all the ~rms, conditions and provisions of the contract documents, and that tlhe balance due said contractor for said work be paid to said cont~ctor thirty-five (35) days from and after final acceptance of ~id work as evidenced by the adoption of this resolution, but not ~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 wi~hheld in accordance with the provisions of said contract and co~ract documents. That acceptance by the con- tractor of said payme~ts made in accordance with said final estimate shall operate and shaP-l be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for a~thing 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. /~I AND BE IT FPRTHER RESOLVED that the Mayor be, and he is hereby, authorized to! execute and file a notice of completion of said work as requiredlby law. -3- , , I f ! I j k r\ ~ ,....., THE FOREg0ING RESOLUTION is approved and adopted ~c~e~ity CO~C~~dOf. the City of Anaheim this 23rd day of ATTEST: ,~ Ifm ~ ,~ i~ 1 ~ f /~. STAlE OF CALIRORNIA ) eoulTY OF ORA)J;E ) si ~ CIrt OF ANAHEIM ) j I, LINDA D. ROBERTS, CitYf'Clerk of t~e City of Anaheim, do her,by certify that the foregoing ReSolution.Q. 80R-573 was introduced and adopted at a regular meeting provided by law, f the City Council of the City of Anaheim held on the 23rd day of December, 11980, by the following vo~e of the members thereof: r .~.. AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS:, None ABSINT: COUNCIL MEMBERS: i. None AND I FURTHER CERTIFY tha* the Mayor of the City of Anaheim signed said Resolution No. 80R-573 on!the 23rd d.y of December, 1980. , IN WITNESS WHEREOF, I havt hereunto ~et my hand and affixed the seal of the City of Anaheim this 23rd,c1ay of Dec~ber, 1980. ~.~dU CITY C OF THE CITY. - ANAHEIM (SE4L) I, LINDA D. ROBERTS, CitYi',c.'.lerk of the City of Anaheim, do hereby certify that the foregoing is the orig .al of Resolution No. 80R-573 duly passed and adopted by the Anaheim City Counc 1 on December 23, 1980. ~~.J~ . CITY CLERK '. bu J ') ) ') -,