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1967-398 '--. ~ RESOLUTION NO. 67~- 398 A RESOLUTION OF THE CITY CO~CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PL4NT, LABOR, SERVICES, MATERIALS AND EQUIJl>MENT AND ALL UTILITIES AND TRANSPORTATION!INCLUDING POWER, FUEL AND WATER, AND THE PERF~RMANCE OF ALL WORK NECESSARY TO CONSTRUCT !No COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT; TO WIT: PURNISHING AND INSTALLING T*PIC SIGNALS AND SAFETY LIGHT,ING AT THE I TERSECTION OF KNOTT STREET AND ORANGE A VEN , IN THE CITY OF ANAHEIM, PROJECT NO. 498B~ 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 March ~nd and March 9th , 19 67 , a notice inviting sealed proposals for furnishing the following: All plant, labor, services, mater~als and equipment, and all utilities and transportat~on, including power, fuel and water, and performing al~ 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 Knott Street and Orange 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. 498B. ,-" in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment and the notice inv~t ng sea e propos s, w ~c not~ce specified that sealed proposals as specified in said notice would be received up until 2:90 o'clock P.M. of the 16th day of March , 1967 , and which said notice did state and declare that, 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 far 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 -1- r I ~ - WHEREAS, on March 16 , 19 67 , at the hour of 2:00 o'clock P.M., the City Clerk and 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 pe~forming 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 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 21st day of March , 19 67 , at the hour of 1:30 o'clock P.M., consider the sealed proposals sub~itted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereu~on find and determine that the sealed proposal submitted by STEI~, Y AND MITCHEL, INC., 221 North Ardmore Avenue, Los Angeles, California, for the construction, installation and completion of said traffic si nals at the intersection of Knott St~eet and Oran e Avenue, City of Anaheim, Project No. 498B, here~na ove ment~one and described, was the lowest responsible proposal submitted tnerefor, and thereupon accepted said bid and did award a contract to said STEINY AND MITCHEL, INC. for furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, 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 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 23rd day of March , 19~; and STEINY ~D MITCHEL INC. has furnlshed all p1ant, labor, services, materials and equipment and all utilities and trans- portation, and performing all work necessary for the construction and completion, in a good and workmanlike manner, in 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 the Public Works Department , and the contract made and entered into by the City of Anaheim; and WHEREAS, the said with it ~.....~ WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said pTEINY AND MITCHEL. INC. ; and -2- T I - - - ,,- -- WHEREAS, the City Council fi~ds that said contractor has completed said public improvement ~ereinabove more particu- larly described in accordance with the provisions of the contract and the contract documents, and that n~tice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLV$D by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and tr~nsportation, and the performance of all work necessary to c~nstruct, install and com- plete, in a good and workmanlike mannei, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the Ci~y 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 tae same are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said con- tractor 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 filing 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 contractor of said payments made in accord- ance 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 em- ployees, excepting only claims against the City for amounts with- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED b~at 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. this THE FOREGOING RESOLUTION is approved and signed by me 18th day of July , 19 67 ATTEST: OF ANAHEIM _r"" -3- r !T." - -c /\ STATE OF CALIFOUIA } CX8ITY OF OIWGE } SI. CITY OF AIf~I. } I, DUE M. WILLIAMS, City Clerk o~ the City of Allaheill, GO hereby certify that the foregoing Resolutiqn No. 671-398 was introduced aad adopted at a regular aeeting PJtovided by law, of the City Council of the City of Anaheill, held on ~he 18th day of July, 1967, by the follow1ng vote of the a.-bers tn_reofa AYES I CO'lK lIJE1I1 Dutton, K>>ein, Schutte, Chandler, and Pebley ItOES I COOII:: ILEN I None ABSEIITI COUIIClx..lh None AND I FURTHER CERTIFY that the Mayor of the City of Anaheta approved and siIDed said Resolution No. 67R-398 on the 18th day of July, 1967. IN WITNESS ~EOF, I have hereunto set ay hand and .ffixed the Qfflcial seal of the City of Anaheia this 18th day of July, 1967. ~;w. 20~~ CI CLERIC OF mE CITY Of 'III (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution 10. 67R-398 duly passed and adopted by the Anaheim City Council on July 18, 1967. ~~. ~~... City Clerk ~, I " r 1