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78-229RI?SOLUTION NO. 78R -229 A RESOLUTI!lii +�F THE CITY CO[iNC 11_. OF THE C fTY OF ANAIIEI^ FINALLY ACCEPTING `I'IIF. ,OPIPLETION AND THE Ft! I:',T S1-- ING OF ALL PLANT ! .A IiOR , SER- VICES, MATLIk i ALS AND EQUIPMENT ALL UTILI- TIES AND TRA14SPORTATION I;;vCLUD Icl(, iloV,IE ,, FUEL AND WATER, AND THE PERFM ANCE Oh' ALL WORK. NECESSARY TO CONSTRUCT AND COMPT.r' i F THE FOLLOW - ING PUBLIC 1i11'!),( , VEMENT , TO WIT: FURNISHING AND INSTALLATION OF REFLECTORIZED SIGNS FOR BICYCLE LANES ON LINCOLN AVENUE FROM SUNKIST TO EAST CITY LIMITS AND ON SUN - KIST FROM BALL ROAD TO LINCOLN AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 875. WHEREAS, the City Council of the City of Anancim Oiu cause to be published in a newspaper of general circulati(m, printed, pubi. shed and circulated in the City of Anaheim, to wit: The Ana!icim Bulletin, on the 16t and 23rd days of D ecember __ 19 a notice inviting sealed ,,roposals�or furnishing the following: All plant, labor, sorvices, materials and equipment, and all utilities and `ransportation, including power, fuel and water, and performing all wort: necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor ()n file in the Office of the City Eng,inoer or City Clerk of the City of Anaheim, the following public improvement, to wit: Furnishing and installation of reflectorized signs for bicycle lanes on Lincoln Avenue from Sunkist Street to the east City limits and on Sunkist Street from Ball Road to Lincoln Avenue, in the City of Anaheim, consisting of the furnishing and installation of reflectorized signing at locations shown on the project and to be verified by the City of Anaheim Traffic Engineer. Signs shall con - form.to the California State Specifications for Signing and shall be to the satisfaction of the Traffic Engineer and Anaheim Specifications on file in the Office of the City Engineer, Work Order No. 875, in accordance with the designs, plans, profiles and specifica- tions prepared by _ - hem lac Wo rks Depar tment _ and the notice inviting sealed proposals, which said notice -1- ATTY -40 specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 30th day of December , 19 76 , and which said notice did state and ec are teat, pursuant 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 execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on December 30 , 19 , at the hour of 2:00 o'clock P.M., the City C erk 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, 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 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 WHEREAS, the City Council of the City of Anaheim did, at its next - - - regular meeting, held on the 11th day of Januar 19 77 at the hour of 1:30 o c ock P.M., consider the sea�eo proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by SMITH ELECTRIC SUPPLY, _ 10792 Knott Ave nue r Stanton California 90680 or the construction, installation and completion of said furnishing and installation of reflectorized signs for bicycle lanes on Lincoln Avenue from Sunkist to east City limits a nd on Sunkist from Ball Rd. to Lincoln Ave., in the City of Anaheim Work Order No. 875, 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 18th day of January , 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 con- struction and completion, in a good and workmanlike manner, in -2- 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 Qf 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 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 he 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- denced 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 oper- ate 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 any- thing 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. -3- ATT -40 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of April , 197 . l , YW­OF THE CITY OF ANAHEIM ATTEST: /fm STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R -229 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 11th day of April, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R -229 on the 11th day of April, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of April, 1978. t CITY CLERK 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. 78R -229 duly passed and adopted by the Anaheim City Council on April 11, 1978. CITY CLERK