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78-818 ~ ,-. ~ RESOLUTION NO. ]8R-Bl8___~ A RESOLUTION: OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FtNALLY ACCEPTING THE COHPLETION AND THE FURnISHING OF ALL PLANT, LABOR, SER- VICES, MATER ALS AND EQUIPMENT MID ALL UTILI- TIES AND TRA SPORTATION INCLUDING POWER, FUEL AND WATER, A!~TD THE PE~FORMANCE OF ALL WORK NECESSARY TO!CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC I$PROVEMENT, TO WIT: MICROWAVE REU. Y COMMUNICATIONS TOWER, IN THE CITY OF ANAHtM, WORK ORDER 00."909 ~ ACCOUNT NO. 01-986-6 25-0000. <~ f"""'I\ WHEREAS, the ~ity Council of the City of Anaheim did cause to be published! in a new$paper of general circulation, printed, published an~ circulated in the City of Anaheim, to wit: The Anaheim Bul~etin, on 12th and 19th days of May~ - -., 197:L , a notice inviting sealed proposals for furnish~ng the forrowing: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and pe~forming all work necessary to construct and complete in a ~ood and workmanlike manner, in strict accordance with t~ specifications, plans and drawings therefor on file ir the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: _. Microwave Relay Co~unications Tower, in the City of Anaheim. The work'to be done shall be in keeping with the specifications! and the Radio Connnunications System Study of 1975. Al~ equipment furnished shall be of standard manufactu*e and shall have been manufactured in the United Stat4., mus~ oomply with all applicable parts of FCC Rules and Regulations as well as all appli- cable EIA Standarda. All proposals shall be submitted per specifications on file in the Office of the City Engineer, and any qeviations shall be delineated in de- tail, Work Order Nd. 909, Account No. 01-986-6325-0000, -~ in accordance with the pesigns, plans, profiles and specifica- tions prepared by the!fublic W~rks D~Dartment and the notice inviting! sealed proposals, which said notice -1- I , ~ ~ specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 9th day of June , 1911--. and which said notice did . state and declare th~t, pursuant to the provisions of Section 1770 of the Labor Coqe, the City Council of the City of Anaheim ,~ had ascertained the p~evailing rate of wages for each type of labor needed to execulte said contract, and did state that the prevailing hourly wa~ scale so ascertained was on file in the Office of the City Cl~rk; and WHEREAS on June 9 , 1977 , at the hour of 2: 00 0' clock P. M.', the City Clerk and the City Engineer of the City of Anahei~ did open said sealed proposals received up to that time for tpe furnishing of all plant, labor, services, materials and equipme~t, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and comp1ete, in a good and workmanlike manner, in strict accordance wit~ 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, Ana1).eim, California, and the' City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its ~axxxxxxxxxxregular meeting; and seCOh subsequent WHEREAS the Gity Council of the City of Anaheim did, at itslliiiixlY91Yi1J9tttregular meeting, held on the 28th day of JUQe , ~9 :rL , at the hour of ]~3CP'clock P.M., consider the sealed p~oposars submitted for furnisning the materials and perform~~g the work hereinabove more particularly described and set for~h, and did thereupon find and determine that the sealed propo~al submitted by MOTOROLA COMMUijICATIONS & ELECTRONICS, INC. 2041 Busine~s Center Driv or the construct~on, installation and completion 0 said microwave relay communications tower~ in the City of Anaheim~ Work Order No. 909, Aqcount No. OI-9 6-6325-0000 - hereinabove mentioned and described, was thelow~st 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 1st day of July, ,19~; and WHEREAS, the s4id contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and pe1tformed all work necessary for the con- struction and completidn, 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 p~epared by the Public Works DeDart~ent , and the contract made an entered into with sa~d contractor by the City of Anaheim; and WHEREAS, the has duly certified tq t e construction an comp etion 0 public improvement h~reinabove 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 pu~lic .improvement hereinabove more particu- larly described in ac~ordance with the provisions of the con- tract and the contract documents, and that notice of completion should be filed and p~yment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFOR~, BE IT RESOLVED by the ~ity 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 w~rkmanlike manner, in strict accordance with the specificatioms, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenance~ thereto, said public improvement herein- above more particularly described and set forth, in the City of Anaheim, by said cont*actor, 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- dence 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 operate and shall be a release to the City of Anaheim, its offi- cers, 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, ag~nts and employees, excepting only claims against the City for a~ounts withheld by the City at the time of such payment. .~, AND BE IT FURT~ER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute ,nd file a notice of completion of said work as required by law. -3- ,-,. ,.-. THE FOREGOIN~ RESOLUTION is approved and signed by me thisl.9~ day of -..D~cE"mber ' 19 Vl----. ATTEST: ~~'fu'~~ ANAJi[EIM /fm ,~ , i~ -4- ,....., ..-.. STATE OF CALIFO~IA ) COUNTY OF OIWiGI' ) CI TY or .A!Wll:IM ) !~ ~ 1 S6 . I, LINDA D. ROBERTS, City C~~k of the City of Anaheim, do hereby certify that ! the foregoing Resolution No.! J8R-818 was introduced and adopted at a regular meeting provided by law, of :tpe City Council of the City of Anaheim held on the 19th day of December, 19~8, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Qverholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FUR'mER CERTIFY that t:J1ie Mayor of the City of Anaheim signed said Resolution No. 78R-818 on tbe 19th day of December, 1978. IN WITNESS WHEREOF, I have ~reunto set my hand and affixed the seal of the City of Anaheim this 19th d~ of December, 1978. ~'J~ CITY CL OF 'm CI F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City C~xk of the City of Anaheim, do hereby certify that the foregoing is the origin~ of Resolution No. 78R-818 duly passed and adopted by the Anaheim City Council ion December 19, 1978. ~;J"J~ CITY CLE . .~ . I