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78-422RESOLUTION i'IO. 78R -422 A RESOLl1TIOi, i�F THE CITY COIiiJCIL 01' THE CITY OF ANAIIEI ^' FINALLY ACCEPTING 'I'IIE :0MPLETION AND THE FU!:'JSPING OF ALL PLANT !,AliOR, SER- VICES, MA'T'E[, I ALS AND EQUIPMENT ?) ALL UTILI- TIES AND TRAM SPORTATI0ii INCLUDIrl(, i'()WER, FUEL AND WATER, AND TIIE PERFOMIANCE 01 ALL WORK. NECESSARY TO CONSTRUCT AND COMPLF' E THE FOLLOW - ING PUBLIC IC1'PC , TO WIT: CERRITOS AVENUE AND GILBERT STREET TRAFFIC SIGNAL INSTALLATION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 795 -A. WHERE,'S, the City Council of the City of Anaheim (lid 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 J 1977 and Februa L 77_, a notice inviting sealed rroposals Tor furnishing the following: All plant, labor, services, material; and equipment, and all utilities and �-.ransportation, 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 ()n file in the Office of the City Eng,inoer or City Clerk of the City of Anaheim, the following public improvement, to wit: Cerritos Avenue and Gilbert Street traffic signal installation, in the City of Anaheim, consisting of furnishing all necessary materials, labor, tools, equipment and appurtenances to install complete and in full operation traffic signals, safety lighting and pedestrian signal heads; new Lane Occupancy (Type 100) Controller; and all appurtenant work as shown on the plans and in accordance with the specifications on file in the Office of the City Engineer, Work Order No. 795 -A. in accordance with the designs, plans, profiles and specifica- tions prepared b_y _th_ W rka D and the notice inviting sealed proposals, which said notice -1- ATT V -40 specified that sealed proposals as specified in said notice would be received up until 2 : 00 o'clock; P.M. of the 10 day of February 19 , and which said notice did state and declare that, 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 February 10 , 19 at the hour of 2:00 o'clock P.M., the City Clerk 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 day of February 19 �7� at the hour of 1:30 o clock P.M., consider the sealed 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 SIGNALITE, 1755 Da_ t-e_A -17 Brea California 92621 for the construction, installation and completion of said CERRITOS AVENUE AND GILBERT STREET TRAFFIC STGNAT TNSTAT.T.ATTO IN THE CITY OF ANAHEIM,. WORK ORDER NO 795 -A 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 24th day of February , 19 77 ; 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 Director , and the contract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the Director of 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 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 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 27th day of June , L I $ ATTEST: i 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 -422 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of June, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour 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 -422 on the 27th day of June, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of June, 1978. CITY CL RK OF THE CITY F 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 -422 duly passed and adopted by the Anaheim City Council on June 27, 1978.