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1981-467 ~ .-/ RESOLUTION NO. JU1t467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PL~NT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCUUDING POWER, FUEL AND WATER, AND THE PERFQRMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~ND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT Ji TO WIT: ..- - REPLACEMENT OF INCANDESCENT S~REET LIGHTS WITH HIGH PRESSURE SODIUM LUMINAI~S; IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-677-6329-11510-37300. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper or ~eneral circulation printed, published and circulated in thle City of Anaheim, to wit: The Anaheim Bulletin, on the 9th and l~th days of April -- . 1981 , 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 good and workmanlike man- ner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the fOllowing public improvement, to wit: Replacement of incandescent luminaires with high pressure sodium luminaires in various locations, west of Gilbert Street and north and south of La Palma Avenue, in the City of Anaheim. Contractor to furnish labor, equipment, tools and major materials. City will furnish glass refractors as shown on the bill of material list. Allwork shall be performed in accordance with the plans and specifications on file in the office of the City Engineer, Account No. 24-677-6329-11510-37300, ,- ~ in accordance with the designs. plans. profiles and specifica- tions prepared by rhA Pllhl i ~ Works Dep~rtment , and the notice inviting sealed proposals, which said notice A TT -40 -l- ,~~- ~ .......... ~ specified that & ~led proposals as specifie~ in said notice would be received up ~ntil 2:00 o'clock P.M. of the ~th . day of April , 1981 , and which said notice ia 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 Clerk, and '" "~ \-lHEREAS, on the 30th day of April , 19-1U.., at the hour of 2:00 o'clock P.M., the City Clerk and the City~gineer of the City of Anaheim did open saic se$led proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilit1es and transportation, in- cluding power, .fuel and water, and perfbrming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in pUblic, in the City Council Chamber in the City Hall; Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its second subsequent regular or adjourned rep;ular meeting; and . . WHEREAS, the City Council of the City of Anaheim did, at its second subsequent regular or adjourned regular meeting, held on the 12th day of May , 19,aJ-, at the hour of 1: 30 o'clock P.M., consider the sealed propo$a1s submitted for furnish- i~ the materials and performin~ the work hereinabove more particu- larly described and set forth, and did thereupon find and determine that the sealed proposal submitted by Hf-SODIUM CONVERSION CO., 1509 . 't An heim Ca' ia for the construction, installation and omp etion 0 said replace- ment of incandescent luminaires with high pressure sodium luminaires ln varlOUS locations, west of Gilbert Street and rtorth and south of La paLma Avenue, ln the Clty of Anaheim, Account No. 24-677-6329- LL~LU-~/~UU hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said' contractor for furnishin~ 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 for and on behalf of the City of Anaheim with said contractor, which said contract was duly made and entered into on the 12th day of June , 19~; 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 construc- tion and completion, in a good and workmanlike manner, in strict " -2- ..... ~'~ .- 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 fin~s that said contractor has completed said pUblic improvement hereinabove more particularly described in accordance with the provis1ons of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due sa~d contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVEP 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 eviden~ed 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 accordan~e 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- ~r.. -.. . _ .- .- " b:I .. __" 4...4 ~ THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of S~ptember . 1911l. ATTEST: ~~sf~NAHEIM Ifm '- .-..\ STATI OF CALIFQRNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Apaheim, do hereby certify that the foregoing Resolution No. 81R-467 was introdu~ed and ado~ted at a re~u1ar meeting provided by law. of the City Council of the City of Anaheim held on tRe 29th day of September. 1981, by the fOllowin~ vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt. Kaywood, Baf. Roth and Seymour NOES: COUNCIL MEMBERS: None A.$SEIIT: COUNCIL MEMBERS: None AID I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 81R-467 on the 29th day of Septemper, 1981. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of September. 1981r ~~.J~ CITY C RK OF THE C TY ANAHEIM (SEAL) I, LINDA D. ROBERTS. City Clerk of the City of ~aheim. do hereby certify that the foregoing is the original of Resolution No. alR-467 duly passed and adopted by the Anaheim City Council on September 29, 1981. ~,Ji.l~ . CITYCLE ............ ... ...