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1965-817RESOLUTION NO. 65R 817 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: MODIFICATION OF TRAFFIC SIGNALS AT INTER- SECTION OF BALL ROAD AND DALE AVENUE IN THE CITY OF ANAHEIM, PROJECT NO. 146A, UNIT 9. 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 24th day of June and the 1st day of July 19 65 a notice inviting sealed proposals for furnishing the falWing 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 there- for on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Modification of traffic signals at the intersection of Ball Road and Dale Avenue, in the City of Anaheim, 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. 146A, Unit 9. (new designation Job No. 313) in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting i proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock P.M. of the 8th day of July 19 65 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 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 July 8 19 65 at the hour of 2 :00 o'clock P.M., the City Clerk and 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 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 re- port to the City Council at its mxxx regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its xxxtx regular meeting, held on the 3rd day of August 19 65 at the hour of 1:30 o'clock P.M., con- sider the sealed proposals submitted for 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 E. D. JOHNSON AND COMPANY P. 0. Box 29 Anaheim California or t e construction, insta anion an comp et on o sal 1 ication of Traffic Signals, Ball Road and Dale Ave. Pro No. 146A Unit 0 Job No. 313 ereina•ove mentione• an: escri. was t e owest respons e pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said E. D. JOHNSON AND COMPANY for furnishings plant, labor, ser- vices, materia s an 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 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 E. D. JOHNSON AND COMPANY which said contract was duly made and entered into on t e t day of August 19 65 and WHEREAS, the said E. D. JOHNSON AND COMPANY Es urn s �iedT grant, labor, ser- vices, mater ara-- 6cdequipmen 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 and drawings of said 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 made and entered into wit it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construct on and completion of said puiic 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 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 accordance with the contract documents. an NOW THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor Jervices, 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 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 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 9th day of November 19 65 ATTEST: 8 ICLER OF THE I y OF ANAHEIM YOR OF THE ITY 0 N HE IM 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. 65R -817 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of November, 1965, 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. 65R -817 on the 9th day of November, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of November, 1965. (SEAL) C Y CLERK OF THE CITYC 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. 65R -817 duly passed and adopted by the Anaheim City Council on November 9, 1965.