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64-452RESOLUTION NO,~ 64R-452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT~ LABOR~ SERVICES~ MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER~ FUEL AND WATER~ AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT~ TO WIT; FURNISHING AND INSTAL~IN_N_G~ TRAFFIC SIGNALS AN~ SAFETY LIGHTING AT THE IN- TERSECTION OF BROADWAY AND EUCLID STREET, IN THE CITY OF ANAHEIM,__JOB NO. 842. 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 _~J~ZCtl~~Marah lqth , 19 ~A , a notice inviting sealed proposals for furnishing ~he following: Ail 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Furnishing and installing traffic signals and safety lighting at the intersection ~ ' ~ !~roaaway and ]~uclid Street, in the City of Anaheim, together with all appurtenant work, as more particu- larly set forth in the plans and specifications on file in the Office of t~ City Engineer or ~ity Clerk, Job No. 842. in accordance with the designs, plans, profiles and specifica- tions prepared by the ~blic Works Department .., and the notice inviting sealed proposals, which said notice specified that sealed proposals as specifie~ in said notice would b~ received up until :2.~__o~clock Po M. of the ~ day o~ b,arch ~, i9r~, 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 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 2:00 WHEREAS, on 26t~ of t~_iarch , 19 4~, at the hour of 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 fut-n;Jshing of all plant, labor, services, materials and equipment, and a!l utilities and. transportation, in- ,~.!uding power, fuel arid. watez*, and performing all work necessary to construct and complete, in a good and workmanlike manner, in s~rict accordance with the specifications, plans and drawings there- for on file in the Ofi"ice 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 ~7;ity Engineer did tabulate the result of said. sealed proposals and ,~tid 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 31~t day of ~.'~arch , 19_j4 , at the hour of 1:30 o~ 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 i-'ind and determine that the sealed proposal submitted by STEINY AN-D MITCHEL, INC.~ 221 N. Ardmore .'.venue~ Los ~nil~les_J~4 California for the construction, installation and completion of said traffi6 signals and safety i..ighting at Broadwj~Q! and Euclid Street~ Job No. 842~ hereinabove mentioned and described., was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said STEINY AND MITCHEL, INC. for furnishing all plant, labor, ser- vices, 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 pub- lic 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 fo~- and on behalf of the City of Anaheim with STEINY AND MITCHEL~ IiqC. x~hich sai--J cont_~.~act was duly m~-~ and entered into on the ....lst day of__ April _, 19..6~.__:____; and ?}~PgAS the said. ___$_TiEINY AND MITCHEL. INC. f - ' has T'urnished all plant, "labor., set vices, mate{'~ and equipment and all utilities and transportation, and performed all work necessa~:y for the construction and completion, in a good and.wor!nnanlike manner, in strict accordance with the speci- fications, 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 I:'ublic Works _ ~oartment , and the contract made and entered into with it by the City of Anaheim; and WHEPd!AS, the ~' ~ ~ f P~tblic Works has duly certified to the consl:ruction and completion of said"~public improve- ~nent hereinabove mentioned and described, in accordance with the plans and. specifications and the contract documents duly made and entered into x.~ith said ~. AND ~i~!T¢~EL: INC. ; and WHEt~AS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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. ~OW~ ~HEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, ~at~rials and equipment and all utilities and transportation, and the peru, formance of all work necessary to construct, install 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~ together with the appurtenances thereto~ said public improvement hereinabove more particularly described and set forth, in the City of ~naheim~ by said contractor, be, and the same are hereby accepted, subject~ nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contractor for said work be paid to it thirty~five (35) days from and after final acceptance of sa-~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 any amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as r~quired by law. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of June ,19 ~4 MAYOR OF THE,. CITY' OF ~i~I.M ATTEST: C~ CLE~ OF THE CITY 0F ~EIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, D~:NE T.T_ WTLT.IAb~ , City Clerk of the City of Anaheim, do hereby certify that the f~regoing resolution was intro- duced and adopted at a -- regular meeting provided by law of the City Council'of the City of Anaheim, held on the 23rd day of _ June , 19.~ . ----~ AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Ma%or of the City of Anaheim approved and signed said resolution on the 23rd day of June 19 64 . "" ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd of June , 1964 . day (SE ) CIZY CLERK OF THE CITY OF "i~'~AHEiM -3-