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64-261RESOLUTION NO.. 64t~-261 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 FOWER ~ FUEL AND WATER AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING ?UBLIC IM- PROVEMENT ~ TO WIT~ FURNISHING AND .INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE "~NTERSECTION' OF ~LL ~ROAD-AN~ WALNUT '"'STRE~ IN THE CITY OF ANAHEIM, JOB ,N_O., 835. 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. January ......... 19 64 , a notice inviting ~ealed proposals for furn{shing the. fo 1-~~g: 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 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 Walnut Street, in the City of Anaheim, together 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. 835. in accordance with the designs, plans, profiles and specifica- tions prepared by th Publ'c Works Department , and the notice inviting sealed proposals, w~ich said-notice specified that sealed proposals as specified in said notice would be received up until 2:00 o~clock Po M. of the 6th day of February _, 19 64 , 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.nn _ _ WHEREAS, on Febru__~ 6__ ..... , 19 64__~__, at the hour of ... o~clock 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 furnisl~ing of all plant, labor, services, materials and equipment, and al! utilities and. transportation, c!uding power, fuel and water, and performing all work necessary to construct an~ complete, in a good and worl~nanlike manner, in at, riot accordance with the specifications, plans and drawings there- for on file in the Office of ~_he 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, ~_ty Engineer did tabulate the result Anaheim, California, and the o°f said sealed proposals and ~id make a report to the City Council at its next -- regular meeting; and FPHEi~AS~ the City Council of the City of Anaheim did, at its next -- regular meeting, held on the llth day of February , 19 64 _, at the hour of 1:~0 o~ P.M., consider the sealed p-~oposals submitted for furnishing the materials and perforn~ing the work hereinabove more particularly described and set forth, and did thereupon ~'ind and determine that the sealed proposal submitted by E. D. JOHNSON AND COMPAq__Y, P. O. ~ox~29, ~ AnBheim, Californi . for the c°nstruction, installation and completion of said traffic signals and safety ~_ ligh~inK~ at ..th in~¢t~on of B~i_~__Rd. and_.Walnut St..Job No~. 835, hereinabove mentioned and described, was the lowest respOnsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said E. D. JOHNSON AND COMPANY for furnish, lng 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- !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 ~aheim with E. D. JOHNSON AND COMPANY ~ said contract was duly made and entered into on the ~ day of February-- , 19 64 ; and WHEREAS, the said E. D. JOHNSON AND COMPANY has furnished all plant, labor, ser- vices, mat~-£'ia--~ and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and wor]~nanlike 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 Public Works , and the contract made and entered into ~ rrm ~ ~ with ~it oy the City of Anaheim~ and ~.~H{EFd~AS, 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 E.D. JOHNSON AND COMPANY ; an~ 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~ 'THEREPORE~ BE IT RESOLVED by the 0ity Council of the City of Anaheim that all plant~ labor~ servlces~ ma'Cerial~ and equipment and all utilities and t~anspoPtation~ and the per= form_~nce of all work necessary to construct~ install and complete~ in a good and wo~knmnltke manner~ in strict accordance with the specifications~ plans and drawings ~herefo~ on file in the Office of the City Clerk of the City of Anaheim~ together with the appurtenances thereto~ ~aid public improvement he~einabove particularly described and set forth~ in the City of Anaheim~ by said contractor~ be~ and the same are hereby accepted~ aubJect~ nevertheless~ to all the terms~ conditions and provisions of the contract documents~ and that the balance due said contracto~ fo~ said work be paid to i~ thirty°five (35) days from amd after final acceptance of sa~rk as evidenced by the adoptio~ 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 i~ accordance with the provisions of said contract and comtraot documents° That acceptance by the con~ tractor of said payments made in accordance with said final-estimate shall operate and shall be a ~elease to the City of Amaheim~ its officers~ agents and employees from all claims and liabilities due the contractor fo~ anything done or furnished or withheld or for anything relating to the work or any act or neglect of the City~ its officers~ age. ts and employees~ excepting only claims against the City for any amounts withheld by the City at the time of such paymento AND BE IT FURTHER RESOLVED that the Mayo~ and the City Clerk of the City of Anaheim be~ and they are hereby authorized ~o execute and file a notice of completion of said wo~k as ~equi~ed by lawo THE FOREGOING RESOLUTION is~a~proved and signed by me this .... l~4~h day of April /f~lg/_ 64 ~ ~ ~MAYOH OF T~: CITY OF ~A~ .... ATTE~ CITY CLERK OF '£H~' CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSo CITY OF ANAHEIM ) I~ DENE M. WILLIAMS ~ City Clerk of the City of Anaheim~ d~he~by~'~'erti'fy tHa6 'the fomegoing mesolution was intmoduced and adopted at a -- regular meeting pro~ vided by law of the City Co~Cil of the City of Anaheim~ held on the 14t___ h _ day of ~_ Ap~i.,1.~,~ ~. ,_, ~ 19 6~4~ by the following vote: AYES: COUNCILMEN~ Dutton, Chandler, Schutte, Krein and Coons NOES~ COUNCILMEN= None ABSENT: COUNCILMEN~ Nome AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the ~ day of IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City o£ Anaheim this .~~ day of ......... ~April' ....... ,~ 19 6~4 o =3-