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66-355_Z;00 RESOLUTION NO. 66R 355 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 IMPROVEMENT, TO WIT° SAFETY LIGHTING AT THE INTERSECTION OF BROAD- WAY AND MAGNOLIA AVENUE IN THE CITY OF ,A IM, PROJECT NO. 35LB. 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, o n the 20th apd 27th d of .7anuar y 19 19 a notice inviting sea pro posals furni.sg the following 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 at the intersection of Broadway and Magnolia Avenue, in the City of Anaheim, including safety lighting and appurtenant work, as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Project No. 352B. in accordance with the designs, plans, profiles and specifica- tions prepared by ttte Puhljr Works T rtmpt and the notice inviting sealed proposa w said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 3rd day of Februar 19 66 and which said notice did state and ec are t at, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascer- tained the prevailing rate of wages for each type of labor needed to execute 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 Fea City at the hour of o'clock PAM., the City Clerk and the 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, including power, fuel and w:-ter, and performing all work neces- sary 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 de- scribed 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 re- port 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 8th day of February 1966 at the hour of 1 :30 o clock P.M., con- sider 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 th, -t the sealed proposal submitted by SMITH ELECTRIC SUPPLY, 3405 W. Ball Road, Anaheim, California for the construc- tion, inst,= llation and completion of said traffic signals at I v? ere sn ove men lone•' an escri e was t lowest responsible propos =l sdb'a tted therefor, and thereupon accepted said bid and did award a contract to said Sgtith for furnishing a p ant, services, materi =is an equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct -nd complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, plans and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of An, =heim to execute con tr ct for and on, behalf of the City of Anaheim with Smith Electric Su ••1 which said contract was •u .y ma •'e an entere into on t a 10th ay of February 19 66 and WHEREAS, the said Smith Electric Su i hii all plant, Labor, services, materials and equipment and all utilities and transportation, and performing all work necessary for the construction and completion, in a good and workmanlike m nner, in strict accordance with the specifications, plans and drawings of s ='id public improvement as specified in the notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works De•artment and the contract ma •e an entere. into wit t .y t e City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of saiU ublic improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with s -id Smith Electric Suppl s an WHEREAS, the City Council finds that said contr =ctor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the contract and the contract documents, and that notice of completion sh.uld be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, ervices, materials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete, 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 herein above more particularly described and set forth, in the City of Anaheim, 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 '3e paid to it thirty -five (35) days from and after final acceptance of stork 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 such or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance by the contractor 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 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 required by law. THE FOREGOING RESOLUTION is approved and signed by me this 17th day of May 19 66 ATTEST: DENE M. WILLIAMS, CITY CLERK B zw �j -j. 4�u-e—ry Deputy CITY CLERK OF THE CITY OF ANAHEIM YOR OF THE CITY OF HEIM 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 the foregoing Resolution No. 66R -355 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 17th day of May, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte and Krein. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Chandler. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -355 on the 17th day of May, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of May, 1966. (SEAL) DENE M. WILLIAMS, CITY CLERK By 7 21. e>?; -4- z /Deputy CITY CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -355 duly passed and adopted by the Anaheim City Council on May 17, 1966. DENE M. WILLIAMS, CITY CLERK By Ga, -tea- �G��Deputy