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1982-026 .........'. RESOLUTION NO. 82R-26 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT. LABOR. SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER. FUEL AND WATER, AND THE PERFOlRMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT. TO WIT: .............. INSTALLATION AND RELOCATION OF STREET LIGHTING UNITS ON LEMON STREET AND ZEYN STREET SOUTH OF LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-676-6329-l1900-373QO. WHEREAS. the City Council of the City of Anaheim did cause to be pUblished in a newspaper of general circulation printed, published and circulated in the City of Anaheim, to wit: 'Dhe Anaheim Bulletin. on the 27th da~ of August and 3rd day of Sept~per , 19 l. a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment. and all utilities and transportation, includin~ power, fuel and water, and performing all work necessary to . construct and complete in a ~ood and workmanlike man- ner, in strict accordance 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: Installation and relocation of street lighting units on Lemon Street and Zeyn Street south of La Palma Avenue, in the City of Anaheim, consisting of installa- tion of new street light standards, relocation of exist~ ing standards, including foundations, installation of new luminaires and wiring and all related work as shown on the plans and delineated in the specifications. Contractor to furnish all labor and material as neces- sary to complete the work as specified and on file in the Office of the City Engineer, Accouht No. 01-676-6329- 11900-37300, , ,.- \ \, in accordance with the designs, plans, profiles and specifica- tions prepared by Public Works Department and the notice inviting sealed proposals, which said notice , ATT-40 -1- ". - ..~ specified that se~.ed proposals as specified .n said notice would be received up ':lnt il 2: 00 0' clock P. M. of the aQ? day of September , 19 81 , and wh ich said not ice 1 state and declare that, pursuanr-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 exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerkr and " \olHEREAS, on the 10th day of Seotemb!r ,19a.l-, at the hour of 2:00 o'clock P.M., the City Clerk an the City~nF;1neer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, ma~erials and equipment, and all utilities and transportation, in- cluding 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 drawin~s therefor on file 1n 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 second subsequent regular or adjourned regular. meeting; and .,- , -2- ......... . -fl-.... ~ 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 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 ~. WHEREAS, the Public Works Executive Director has duly certified to the construction and completion of said pUblic im- provement 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 particularly described in accordance with the provisions of the contract and the contract documents, and that notice of completion should be 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 equioment and all utilities and transportation, and the per- formance of all work necessary to construct, install and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawin~s therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appur- tenances thereto, said public improvement hereinabove more parti- cularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, never- theless, to all the terms, conditions and provisions 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 evidenced 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 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 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 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. 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- ,-.....,. ~ " T THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of January . 19 82. ATTEST: ~AHEIM jfrn ,......... ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of An4hefm, do hereby certify that the foregoing Resolution No. 82R-26 was introduced and adopted at a regular meeting provided by law, of the City Council of t~~ City of Anaheim held on the 19th day of January, 1982, by the following vqte of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seytnour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 82R-26 on the 19th day of January, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anahefm this 19th day of January, 1982. ~ .~~~~ CITY CLlUt OF THE CITY F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of An~heim, do hereby certify that the foregoing is the original of Resolution No. 82R-26 duly passed and adopted by the Anaheim City Council on January 19, 1982. _ ~~v~.-' , TY CLERK ~ - ,... ~