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56R-3080 - ,,~""-" RESOLUTION lifO. 3080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF 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 THE FOLLOWING PUBLIC IMPROVEMENT: A NEW STRf:F.T LIGHTING SYSTEM ALONG BOTH SIDES OF CUTER STREF.'I' FROM CLA.UDTNA. STRF.R'T' TO HRLRIII'.4. STRF.F.T, WORK ORDF.R NO. 218':;. WHEREAS, the City Counoil of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, publiShed and oiroulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the Oth da. of Au st and the 6th da: of September , 19 ,a notice inviting sealed p~oposals for furnishing the following: <" All plant, labor, services, materials and equipment, and all utilities and transportation, inoluding power, fuel and water, and performing all work necessary to construot and complete, in a good and workmanlike man- ner, in strict accordance with the plans and specifi- cations on file in the Office of the City Clerk of the City of Anaheim, the following public improvement, to wit: The oonstruotion, installation and oompletion of a new street lighting system along the south side of Center Street from the east property line of South Claudina Street to the east property line of South Helena Street, and along the north side of Center Street from the west property line of North Claudina Street to the east property line of North Helena Street, in the City of Anaheim, by the removal of 33 existing street lighting standards--18 from the south side and 15 from the north side of Center Street--and the oonstruotion and installation of 26 new street lighting standards--14 on the south side and 12 on the north side of Center Street--luminaires, ballast, cables, conduit, foundations, and miscellaneous ap- purtenanoes as indicated on the plans, Work Order No. 2185. in accordance with the tiesigns, plans, profiles and specifioations prepared by the S:w2erinten.d.~t of Light, Ponr ~ Water, and the notice inviting seale proposals, which sa d notice speci- fied that sealed proposals as specified in said notioe would be reoeived up until ~.oo o'clock P.M. ~f the l~th day of ~e"Dt.ber , 1 , and which said notioe id state and de- Clare -that, pursuan 0 the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had asoertain- ed the prevailing rate of wages for each type of labor needed to .,_. e~ecute said contraot and did set forth the prevailing hourly wage soale so asoertained; and WHEREAS, at a regular meeting of the City Counoil heli on the Ifth day of Ji!mtember , 19 ~~ , at the hour of f :00 o'clook .M. ~f said date, said City~oil did hold a pub ic hearing for the purpose of opening sealed proposals reoeived up to that time, for furnishing of all plant, labor, services, ma- terials and equipment, and all utilities and transportation, in- oluding power, fuel and water, and performing all work necessary ,- to construct and complete, in a good and ~Torkman1ike 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, of the public improvement hereinabove more partioularly described and set forth; and imEREAS, the City Counoil did thereupon refer said bids to the _~uJ~er1nte~de-D..t,Q.f ~iW.. fRJ(~r .~wt lta.:t.f;~. for examination, ta15u atTOn an repor to t e 01ty Council, and said S~erinte~ent of LilI.Q.t PQloT~r EVlQ. ~ _ did thereupon examine an tapu~ate saId sealed propoaals and report the result of his tabulation to the City Council; and 1~REAS, the City Council did meet in regular session on the l,3.th day of Se~tember , 19-..-EL, at the hour of 1:~ o'clock P.}.f. to oonsider tEe searea.-proposals submitted ~or urIlishing materials and performing the work hereinabove more partioularly described and set forth, ~nd the S~ri~~~t Qf LiKht. Power and Wat~ of the City of A eim ~ereupon make his report anQ submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by NEWBERY RT1F.CTRIC CORPORATION, 1038 VENICE BOULEVARD. LOS ANGELES, CALIFe~ ~or the oonstruction, installation and completion of sa NEW STREET LIGHTING SYSTEM ALONG CENTER ST..W.O.2lS5 hereinabove mentioned and described was tne lowest responsiOIe proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said Jewbery Electric CO;otor~;lJ.9n _ ___ for rurnishing all plant, labor, servides, materials and equip- ment 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 striot acoordance 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 Newber E1ectr C which said con ract was du y ma e an en 'h~n day of Se.ptember , 19 t;r::; j and \n1CREAS, the said Je~ery Elect~i~ ~~~~n~pr.'nn has rurnished all plant, labor, services, mater a s and equip- ment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner in strict accordance with the specifications, plans and drawings, of said public improvement as specified in the notioe inviting sealed proposals and in the detail, design, plans, profiles, drawings and speoifications prepared by ~i~Sup~~~ndent of Light, Power ~d W~te~, and the contract made and entered into witli~DY the ity of Anaheim; and '\vHEREAS, the Superi~ten~~nt ~f IJght. PPWA,., Anr'l W!b"'" has duly certified to the cons ruc ion and comptetion of sal publi.c improvement hereinabove mentioned and desoribed in acoordance with the plans and specifications and the contraot documents duly made and entered into with said Newbery Eleotric Corporati2EL_ ; and :rnEREAS, the City Council finds that said contractor -- has completed said public improvement hereinabove more particul- arly described in aocordance with the proVisions of the contract and the oontraot documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -2- - NOW, THEREFORE, BE IT ~ESOLVED by tne City Council of tile City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all '40rk 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 ap-,. purt~nances thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same is hereby, accepted, subject, n~vertheless, to all the terms, conditions and prOVisions of the contract documents, and that the balance due said contractor for said work be paid to ~t thirty-five (35) days from and after fin~l acceptance of said work .as evidenoed 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 s:uch sum or sums as may lawfully be Withheld in accordance with the pro- visions of said contract and contract documents. That acceptance by the contractors of said payments made in accordance toli th said final estimate shall operate and shall be a release to the City of Anabeim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for any thin: relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only olaim~ against the City for any amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Nayor and the City Clerk of the City of Anaheim be, and they are hereby, authorizod to execute and file a notice of completion of said work as re- qUired by law. THE FOREGOING RESOLUTION was signed and approved by me this 10th day of January -' 19 ~6 "./. ~ ~.~ i;IAy~~-<m~~~_:o~ ~~;~ j, TTEST; ~{ / . L_))( ~-/ ';--l u' i5IiY ct~RK' OFil'Ht(cffy~ot~NAHEni ._~r -)-.