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78-030RESOLUTION PIO. 7gR-30 A RESOLUTIO] OF THE CITY COUi:1CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COP1PLETION APdD THE- FURIIISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT A:]D ALL UTILI- TIES AND TRAi~SPORTATION INCLUDIivG POWER, FUEL AND WATER , AND TIIE PERFORP'IAi1CE OF ALL WORK NECESSARY TO COi~ISTRUCT AP1D COMPLrTE THE FOLLOW- II1G PUBLIC IT'iPP.OVEMENT , TO WIT MODIFICATION AND INSTALLATION OF PEDESTRIAN SIGNAL IPIDICATIONS AT VARIOUS LOCATIONS, IN THE CITY OF ANAHEIM, Tr70RK ORDER N0. 802-A. WHEREAS, the City Council of the City of Anaheim dial cause to be published in a newspaper of general circulation, printed, published and circulated in tl~e City of Anaheim, to wit: The Anaheim Bulletin, on t_h_e 14th and 21st days of _ Aril __ 197 a notice inviting sealed r~roposals for furnishing the fo~lowing: 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: AZodification and installation of Pedestrian Signal Indications at various locations, in the City of Anaheim, consisting o.f furnishing all necessary materials, labor, tools, equipment and appurtenances for the installation of new pedestrian indications, pedestrian push buttons, new wire, and controller modifications and modification of existing pedestrian signal indications to Portland Orange and Lunar White indications at the locations shown and in accordance with the contract documents on file in the Office of the City Engineer, Work Order Ido. 802-A. 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 -1- specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 28th __ day of April 1977 and which said notice did state anc ec are 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 execute said contract, and .did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerlc; and W~iEREAS , on A ril 28th 19~~_, at the .hour of 2:00 o'clock P.M., the City C er~d the 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, 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 Clerk o.f 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 did 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 meeting, held on the _ day of Ma 19777~~~~~_ at the hour of ~:3p o clock P.M., consi er the sea e proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereuponf_ind and determine that the sealed proposal submitted by C. T. & F. INC. _ b853 Live Oak Street, Bell Gardens, California 90201 ~ for the construction, installation and completion of said Modification and Installation of Pedestrian Signal Indications ~v~~ vuc-x. - hereinabove mentioned and described; was the lowest responsible proposal submitted there- for, and thereupon accepted said bid and did award a contract to said contractor for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete, in a good and workmanlike man- ner, 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 Anaheim to execute a contract for and on behalf of the City of Anaheim with said contractor, which said contract was duly made and entered into on the 20th day of May 1977 and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in -2- ATT-43 Page 2 of 3 Pages strict accordance with the specifications, 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 Department an. the contract ma e an entered into with said contractor by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction an comp etion o sai public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into wit1~ said contractor.; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract 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, THEREFORE, 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 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 o.f Anaheim, by said contractor, be, and the same are hereby accepter:, subject, nevertheless, to all the terms, conditions and provi- sions of the contract documents, and that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and after final acceptance of said work as evi- dence by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of com- pletion, 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 contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, 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. -3- THE FOREGOINr b,y the City Council of January , 197$. ATTEST: RESOLUTION 3s approved and adopted the City of Anaheim this 10th da,y of / fr 1 i i MA 0~' NA .I M ., .~ . ~_ ~~ _ C'~ .K F E Y OF ANAHE~ -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R-30 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of January, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kott AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-30 on the 10th day of January, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of January, 1978. '', CITY CL RK OF THE CI OF ANAHEIM (SEAL) I, LINDA. D, ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R-30 duly passed and adopted by the Anaheim City Council on January 10, 1978. CITY CLERK