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1982-597 RESOLUTION NO. 82R-597 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 ~ND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER. AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE POL"LOWING PUBLIC IMPROVEMENT J TO WIT: STREET LIGHTING ASSESSMENT DISTRICT NO. 1982-1, TRACT NOS. 1326 AND 1563, ACCOUNT NOS. 24-676- 6329-12190-37300 AND 25-676-6329-12190-37300. 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: The Anaheim Bulletin, on the 12th and 19th days of A~ust __ , 19 82, a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equ~pment, and all utilities and "transportation, including power, fuel and water, and performing all work necessary to . construct and complete 1n a ~ood and workmanlike man- ner, in strict accordance with the specifications, plans and draw1n~s therefor on file 1n the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Street Lighting Assessment District No. 1982-1, Tract Nos. 1326 and 1563, in the City of Anaheim, consisting of installation of new street light standards and high pressure sodium luminaires and high pressure luminaire . on existing wood pole, including all wiring and related work as shown on the plans and delineated in the speci- fications on file in the office of the City Engineer. Contractor is to furnish all labor and material as neces- sary to complete the work. Account Nos. 24-676-6329- 12190-37300 and 25-676-6329-l2190-3730~, in accordance with the designs~ plans, profiles and specifica- tions prepared by the Public works Deparbment and the notice inviting sealed proposals, which said notice , ATT-40 -1- specified that s led proposals as specifie~ in said notice would be received up until 2:00 o'clo~k P.M. of the 26th. day of August · , 19 82, and which said notice did state and declare that, pursua~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 ClerkJ . \ and \-IHEREAS, on the 26th day or Auaust J 19 82, at the hour or "2:00 o'clock" P.M., the City Clerk and the C1ty-Sp:1"neer or the City or-Anaheim did open said ~ealed proposals" received up to that time tor. the furnishing or all plant, labo~, services, materials and equipment. and all utilities and transportat1on, in- cluding power, .fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in str1ct accordance with the specifications, plans and drawings therefor on tile in the Orrice of the City Clerk or. the City ot Anaheim, the pUblic improvement hereinabove more particularly descr1be~ and set forth, in public, in the CIty Council Chambe~ in the City Hallj 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; ~d " " WHEREAS, the City Council of the City or Anaheim d1d, at its second subsequent regular or adjourned regular meeting, held on the 7th day ot September J 19 82, at the hour or 1: 30 o'clock P.M., consider the sealed proposals submitted tor rurnish- 1n~ the materials and performing the work hereinabove more particu- larly described and set forth, and did thereupon rind and determine thatuJ:he ....s..ealed grODosal submitted by SIERRA PACIFIC ELECTRICAL ' CONTRlCTIN~ 25~2 Avalon Street, Rivecaide, Caliloruia '1'0' tor the.construction, installation a~ completion or said . Street Lighting Assessment District No. 1982 -1, Tract Nos.. 1326 and 1~63, ACCOun~ ~os. ~4-a/b-a~~~-L~1~u-j/~uu and ~~-076-0jZ~-lZl~U-~/3UO " hereinabove mentioned and described, was the lowest responsible proposal submitted there~or, and thereupon accepted said bid and did award a contract to said" contractor for rurn1sh1n~ 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, the said "public im- provement 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 tor and on behalf ot the "City of Anaheim with said contractor, which said contract was'duly made and entered into on the 13th day or October , 19 82; and - WHEREAS, the said contractor has "rurn1shed all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construc- tion and completion, in a good and workmanlike manner, 1n strict -2- accordance with the specifications, plans and drawings of said public improvement as specified 1n the notice inviting sealed proposals and 1n 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, 1n 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 equipment 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 draw1n~s therefor on file 1n 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 1n accordance with said final estimate shall operate and shall be a release to the C~ty o~ Anaheim, its officers, agents and employees from all claims and liabilities due the cont~aato~ fo~ anything done or furnished or withheld or for anything relating to the work or any act or ne~lect 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- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of December , 19 82 . /l.~~ MAYOR OF THE CITY M ATTEST: ~E~~ ~ANAHEIM Ifm 11-3-82 " STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-597 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of December, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth 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-597 on the 14th day of December, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of December, 1982. ~:J.)~ CITY LERK OF THE C Y- OF ANAHEDf (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-597 duly passed and adopted by the Anaheim City Council on December 14, 1982. ~~ --- ....:......;................-...-.-.....~.~....;; :........I~ ~;..~.... ..___..:....~.....~_.'"