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78-759 ."""" ~, ~, RESOLUTION NO. 78R-759 A RESOLUTTnll 111:" THE CITY COlii~CTL OF TilE CITY OF ANAlmH~ I" I NALLY ACCEPTING THE'~m1PLETION AND THE FI'~;nSHING OF ALL PLANT LAHOR, SER- VICES, HAT~ki ALS AND EQUIPMENT i\. In /\LL UTILI- TIES AND T~NSPORTA11ION INCLUDJ L"(, 1'()w"ER, FUEL AND WATER. JAI-m THE BERFOR11ANCE OF ALL WORK NECESSARY 110 r.m~sTRl1cT AND r.OMPLF,],E THE FOLLOW- ING PUBLIC]t!I'R(.VEMENT. TO WIT: TRAFFIC SIqNAL AND SAFETY LIGHTING AT THE INTERSECTId~ OF BROADWAY AND GILBERT STREET, IN THE CIT~'OF ANAHnIM, ACCOUNT NO. 10-4309..771-16-0263t((77-78) ACCOUNT NO.1 01-794-6325-4010 (7~-79). WHEREI~S, th~ City Council of the City ,.,f AnanciIJ did cause to be publiRh~d in a newspaper of general circulat ic.n. printed, pub:iBhed pod circulated in the City of Anaheim, to wi t: The Ana!1cim Bulletin, tm ..9.th &- 1 fit:lL.d.RY of Har:cb-___ , 19 2A_, a notice inviting sealed ~.roposals tor- furni~hIn-p,-fhe foIIOwing: All plant, labo~. services, materials and equipment, and all utilities ahd 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 nn fil~ in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Traffic signal and safety lighting at the intersec- tion of Broadwa~ and Gilbert Street, in the City of Anaheim, consis~lng of the installation of traffic signals and safety lighting, and all appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Engineer, Accoun~ No. 10-4309-771-16-0263, (77-78) Account No. 01..:194-6325-4010 (78-79). ~ in accordance with tne designs, plans, profiles and specifica- tions prepared bY~_P11b 1; CLIJn-r\rs np...uar.tm~n):__ and the notice invi"ftfng sealed proposals, wh1.ch said notice -1- ATTV-40 I"'" ~ specified that sealed proposals as specified in said notice would be received up unti 1 ~: 00 0' clock P. M. of the r~ad- day of Match , 19-4S-. and which said notice i state and dec are that, purs~ant 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 walge scale so ascertained was on file in the Office of the City tlerk; and WHEREAS, on ---.Marc~23 , 19~, at the hour of 2.00 o'clock P.~~e ~ty Clerk and the C1ty Engineer of the City of Anaheim did op~n said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equip~nt, and all utilities and transportation, including power, fue~ and water, and performing all work necessary to construct and co~lete, 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 improvemept 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 ~xxxxxxxxx regular meeting; and s~cond subsequent WHER~SA..~h~e Cit~ Council of the City of Anaheim did, at its .m22ixxW_. P~gular meeting, held on the 4thday of April, 9 78 ,at the hour of 1:30 o'clock P.M., consider 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 that the sealed proposal submitted by STEINY AND COMPANY, INC. y ue aheim California 92807 construction. instal tion and comp e~ion 0 sai r ction of Broadwa A 0 t No. ~. 10 78-79). ereinabove mentione 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 equipm~nt 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 seal~d 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 6th day of April, , l~~; and WHEREAS, the said con~ractor has furnished all plant, labor, services, mat.rials an~ equipment and all utilities and transportation, and ~erformed all work necessary for the con- struction and completion, in a good and workmanlike manner, in -2- ATT-40 ~ ~ ..-...\ strict accordance wi~h the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the d~tailed designs, plans, drawings and specifications ptepared by the Public Work~ Department . , and the contract made and entered into with sald contrattor by the City of Anaheim1 and WHEREAS, ttte Dir~tor of Pub1JC" TJnr.k~ . . has duly certified t~ the con~truct1on and completion of said public improvement h,reinabov, mentioned and described, in accordance with the plans and specifications and the contract documents duly made and enter~d into with said contractor1 and WHEREAS, t~e City C~uncil finds that said contractor has completed said p,blic imptovement hereinabove more particu- larly described in a~cordancewith the provisions of the con- tract and the contratt documents, and that notice of completion should be filed and fayment o~ the balance due said contractor authorized in accord'nce with the contract documents. NOW, THEREtORE, BE IT RESOLVED by the City Council of the City of Anaheim that all ~lant, labor, services, materials and equipment and all utiliti.s and transportation, and the per- formance of all worknecessarr to construct, install and com- plete in a good and workmanliJce manner, in strict accordance with the specificati~ns, plan$ and drawings therefor on file in the Office of the City Clerk ~f the City of Anaheim, together with the appurtenanc.s theret~, said public improvement herein- above more particulatly described and set forth, in the City of Anaheim, by said contractor, ~e, and the same are hereby, accepted subject, nevertheless, to all the terms, conditions and provi- sions of the contract documents, and that the balance due said contractor for said w~rk be p~id to said contractor thirty-five '(35) days from and after final acceptance of said work as evi- denced 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 acc~ptance by the contractor of said payments made in accQrdance with said final estimate shall oper- ate and shall be a release to the City of Anaheim, its officers, agen~s and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for any- thing 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 be, and he is hereby, authorized to execute and file a notice of completion of said work as required by law. -3- ATT-40 I"" .~ THE H'OR!GOING RE$OLUTION is appr-oved and adonted by the City Council of the City of Anaheim this ..latb day or November , 1978. ~" ATTEST: /,...-.,.,., "'-. -- -', STATE or ~.~fi' ) COUln::- OF %6u;1Gi ) sa . CIrt ot AN'AHEIM ) I. LINDA D. ROBERTS. City Clrrk of the City of Anaheim. do hereby certify that the foregoing Resolution No.j 78R-759 was introduced and adopted at a regular meetina provided by law. of ~he City Council of the City of Anaheim held on the 28th day of November, 19~8, by the :fo110Wing "ote of the memberfiJ J:bereof: AYES: COUNCIL MEMBERS: O"erho1t, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: NJ:>ne ABSENT: COUNCIL MEMBERS: NJ.>ne AND I FURTHER CE:tTIFY that tite Mayor o~ the City of Anaheim sign~d said Resolution No. 78R-759 on th~ 28th day of November, 1978. . IN WItlESS WHEREOF, I have ~~eunto se~ my hand and affixed the seal of the City of Anaheim this 28th d. of November. 1978. ~.I.&~ CITY OF THE' CITY F ANAHEIM (SEAL) I. LINDA D. ROBERTS, City Clje.rk of the City of Anaheim, do hereby certify that the foregoing is the origin~ of Resolution No. 78R-759 duly passed and adopted by the Anaheim City Council !On November 28. 1978. ~~tU~~ CITY CLERK 1 ~ / )