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63-0134RESOLUTION NO. 6 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, FEEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING TRAFFIC AND SAFETY LIGHTING AT THE INTER ECTN Q L S RO FLORE STREET AND WEST ST ET. IN TBE_.LITY OF ANAHEIM PROJECT NO. 05 -1. WHEREAS, the City Council o cause to be published in a newspaper printed, published and circulated in The Anaheim Bulletin, on October 25 1962 a notice inviting sealed pr following: f the City of Anaheim did of general circulation, the City of Anaheim, to wit: and November 1 oposals for furnishing the 9 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, Flo re Street, and West 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, Project No. 105 -1; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice 9 specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock P. M. of the of November 8th day N of ate and declare rhat 19 62 and which said notice did 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 execute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on November 8 19 6 at the hour of 2 :00 o'clock P. M., the City Clerk and City Engineer of the City of Anaheim did open said sealed to that time for the furnisher of proposals received up materials and equipment, and all utilgtiesnandltran, srtattion9 including power, fuel and water and performing all wok nec es sary to construct and complete, in a good andworkmanlike 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 cularly described and set forth in punch Chamber in the City Hall, Anaheim, California, .and the Y City ncil Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meeting; and Wxympezproga WHEREAS, the City Council of the City of Anaheim d i.d, at its next day of regular meeting, held on the_ l,th 19 62 0 oclock I', Ma N�onsbder the sealed proposals at the hour of 3:00, proposals submitted for fur nishing 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 INC. 221 North Ardmore Avenue Los An:eles 4 California for the construction, installation and completion of said tra is si:nals at Ball Rd. Flore and West St. Pro'ect No. 105 -1 hereinabove mentioned and described, was the lowest proposal submitted therefor, and thereupon accepted said espons bid did award a contract to said STEINY AND MITCHEL INC., for furnishing all plant, labor, services, materials and equip- ment 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 public improvement as specified in said notice inviting sealed proposals and did authorize the Mayor and the City Clerk of the City of s Anaheim to execute a contract for and on behalf of the City of Anaheim with STEINY AND MITCHEL, INC., which said contract was duly made and entered into on the 19t-h day of November 19 62 and WHEREAS, the said STEINY AND MITCHEL INC has furnished all plant, labor, 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 specifications, plans, drawings of said public improvement as specified in the notice inviting sealed proposals an in the detailed designs, plans, drawings, and speL,i',.cations prepared by the Public Works Department entered into with it by the City of and WHEREAS, made and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public im- provement 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 and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described 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 accord- ance with the contract documents, -2- NOW, THERMAL BE IT RESOLVED by the City Council of the City of Anaheim that all plant labor services materials 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, 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 said work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the tiling 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 Cleri 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 19th day of February 1.963 0 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM of Anaheim, e do he r bq certify th at introduced and adopted at a vided by law of the City Council o 19th day of February-- AYES: NOES: ABSENT: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons COUNCILMEN; None COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and si ed said resolution on the 19th day of February s 196 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of February 19 63 9 City Clerk of the City the foregoing resolution was regular meeting pro- f the City of Anaheim held on the 9 1963 9 by the following vote: OR OF TAE CITY OF ANAHEIM ®3®