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64-311RESOLUTION NO o 64R-311 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 I_NST~ALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTER- SECTION OF BALL ROAD AND ~UCLIp STREET, IN TM CITY OF ANAHEIM_~JOB NO. 836. 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 ~a~ of January __, 19~, a notice invitin~-s~ale~ proposals ~or fur~is~ing-~he following: All plant, labor, services, materials and equipment, and all utilities and transportation, including .power~ fuel and water and performzn= 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 th e 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 Ball Road and Euclid Street, in the City of Anaheim, together with all appurtenant work, as more particularly set forth in the plans and specifica- tions on file in the Office of the City Engineer or City Clerk, Job No. 836. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sealed proposals, wh. ich said noti~e' specified that sealed proposals as specified in said notice would be received up until 2'00 o~clock Po M~ of the d6i~dh day of February , i9~_______, 'and which said notice 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 Februarz 6 , 19 64, at the hour of oOclock Po Mo, the City Clerk and the City Engineer of the City of Anaheim did open said sealed proposals received up to that time for 'the furnishin$ of all plant, labor, services, m~teriais and equipment, and al! utilities and tl-ansportation, in- c!uding power, fuel and wat. e~, and performing all work necessary to construct· ~ ~ TM and complete, in a good and worknnanlike 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, i~he public improvement herein~bove more particularly described and set forth, in public, in the ,:%ity Council Chamber in the City Hall, Anaheim, California, and the ?.':~y Engineer did tabulate the result of said sealed proposals and ~ti¢] 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 meetin~, held on the llth day of February. , 19 64 , at the hour of 1:30 o~ P.Mo, 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 DAWN ELECTRIC SE~62~ Eagle Roc~k...Blvd.,. Los ~u~_eles 65~7:_Q~~~ for the COnstrUctiOn, instal]Tation an~] completion of said ~raffic _sign_als and s~fety _ ~ lighting_, ' ' Anaheim, ~ob No_~6 he~eina~ove me~.~t~i-one~-'-.a-~d descriBed~ was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did a~.zard a contract to said DAWN ELECTRIC SERVICE ........ for furnishing all plant, !a~b~or, "'s'er-' ..... ~.,,ices, 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 for and on behalf of the City of ~a~aheim with DAWN ELECTRIC SERVICE ~,zhich sai--~ contract was duly made and entered into on the l&th day o f Febru r~_~y____, 19 64 ; and i,THEPgAS, the said. DAWN ELECTRIC SERVICE has furnished all plant, labor, ser- vices, matez~ials and equipment and all utilities and transportation, and performed, ali work necessa~:y for the construction and completion, in a good and workmanlike manner~ in stz*ict accordance with the speci- f:;_cations, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, dz*awings, and specifications prepared by the Public Works Dem~rtme_~ , and the contract made and entez~ed into wi~h ~__~ by the City of Anaheim~ and ~.,R~E?~EAS, the Director o_____________~_th4.~bl~q ~orks has duly certified to the construction and completion Of-said :pub%-ic improve- ment hereinabove mentioned and described, in accordance with the plans and. specifications and the contract documents duly made and entered in~o with said. _~~LECTRIC S~ ; 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 ~ith the contract documents. NOW~ 'fHEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, se~rvice~, and equipment and all utilities and transportations and the formance of all work necessary to construct~ Jnstail and in a good and workmanlike manner, in strict accordance with th-7 specifications, plans and drawings therefor o'n file in the OffSc~ of the City Clerk of the City of Anaheim~ toget'her with the appurtenances thereto~ said public improvement heteinabove more particularly described and set forth, ~n the City of Anaheim,. said contractor, be, and the same are hereby accepted, nevertheless, to all the te-rms, conditions and provisions of the contract documents, and that the balance due said contractor for said work be paid to it thirty~five ('~5) days .from and after' final acceptance of said work as evidenced by the adoptio~ of this resolution, but not sooner than thirty (30) days after the date of the filing of nonice o~f completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of sai'~ contract and contract documents. That acceptapce by the con~ tractor of said pa3anen'ts made in accordance with said final estimate shall operate and shall be a release to the City of A.r~aheim~ its officers, agents and employees from all claims and liabilities due the contractor for a~ything done or furnished or withheld or for anything relating t'o 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 pay:nent. AND iBE IT FURTHER RESOLVED that nhe Mayor: and the City Cl~.rk of the City of Anaheim be, and they are hereby a t~orzzed to execute and file a notice of completion of said work as r:~quir~a_d by law. _ 5~th____ day of ATTEST° THE FOREGOING RESOLUTION is approved and signe~ by ma this May ~ 19 64 o CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, D_F~Jtg_~W_I_L_L_I~Aj!$_____, City Clerk of the City of Anaheim, do hereby certify that-~he-~regoi~g 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 day o f ___ ._&fta_y__ _.,~ 19__fk4~_. AYES COUNCILMEN~ Pebley, Du%ton, Schu%%e, Krein and Chandler NOES COUNCILMEN ~ None ABSENT g COUNCILMEN° None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the ~ day of ..... 2tay 19__6_4__. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th of MaX , 1.9 64 . day (SEAL) OF