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64-383RESOLUTION NO,~ 64R-383 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 EQUIFMENT 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 c~ FURNISHING AND INSTALLING = TRAFFIC SIGNALS AND SAFETY LIGHTING AT~..THE INTERSECTiON'OF "~ROADWAY' A~b~VE STREET.., IN THE CITY OF ANAHEIM~ .JOB NO. 827. .. _ 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 23rd and 30th days of. Ja.nuarv_ ~, 19 64 , a notice inviting ~ealed 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 ~rk necessary to construct and complete in a good and workmanlike manner, in strict ac- cordance 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 of Broadway and Olive Street, in the City of Anaheim, to- gether with all appurtenant work, as more particularly set forth in the plans and specifications on file in the Office of the City Engineer or City Clerk, Job No. 827. in accordance with the des'igns, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sealed proposals, wh. ich said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o~clock P~ M. of the 6th ...... day of February~ ~.., i9~-~ , 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 WHEREAS, on .___~~ ~...t.h~, 19 64 , at the hour of 2'00.. oOclock Po M,,, the City Clerk and th----~ 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, in- c!uding power, fuel and water, and performing all work necessary to construct and complete, in a ~ood and worlcmanlike manner, in strict accordance with the specifications, plans and drawings there- for 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 ~!id make a report to the City Council at its next -- regular meeting; and WHEtLEAS~ the City Council of the City of Anaheim did, at its next -- regular meeting, held on the llth day of .. Feb.~ruary , 19 64 , at the hour of 1:30 -~ck P.M., %'onsider 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 STEINY AND MITCHEL, IN.C__.~__221 North Ardmore Avenue, Los Angeles 4__~. California, for the construction, installation ahd completion of said hereinabove men[ioned and described., was the lowest responsible pro- posal submitted -~herefor, and thereupon accepted said bid and did award a contract to said STEINY AND MITCHEL~ IN~. ~.~o.~ 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, Dlans~ and drawings, the said pub- !ic 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 STEINY AND MITCHEL INdiC. _ ~,~hic~ said contract was duly ma~-~ and entered into on the I4th clay of February , 19 64 ; and. '~'~?~ HEPgAS, the said. STEINY AND MITCHEL, INC . has furnished all plant, a~-~bor, ser- vices, materials and equipment and all utilities and transportation, and performed, all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the speci- fications, plans and drawings~ of ~aid public improvement as specified. in the notice inviting sealed proposals and in the detailed designs, plans~ drawings, and specifications ]prepared by the Public Works Department , and the contract made and enter~~ fntO -- with it by the City of Anaheim; and WHEP~EAS, the Director of Public Works has duly certified to the construction and comp-~etion of Said 'public improve- ment hereinabove mentioned and described, in accordance with the plans and. specifications and the contract documents duly made and entered into with said STEINY AND MITCHEL, INC.. ......... ; and~ WHEREAS, 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. NOW~ ~HEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, service~, =~aterlal~ 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 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 Anaheim.s:, 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 th~ City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. 19th ATTEST: THE FOREGOING RESOLUTION is approved and signed by ma this day of May ........... MAYO~f0F THE CITY-OF~ANAHEIM- ~ .... PRO TE~ THE EIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, ~ DENE~M. ~WILLIAMS ~_ , City Clerk of the City of Anaheim, do hereby certify that t~h~ foregoing resolution was intro- duced and adopted at a ._ -- regular meeting provided by law of the City Council of t-he Cit~ Of Anaheim, held on the _!3th day of_ May .......... , 19J~. AYES: COUNCILMEN: Pebley, $chutte and Dutton NOES COUNCILMEN ~ None ABSENT: COUNCILMEN~ Krein and Chandler Pro Tern AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said resolution on th~ ~ day of ~,,Ma¥ 1964 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th of May .............. , 1964__. - ...... day (SEAL) __ CITY CLERK OF THE CITY OF ANAHEIM -3-