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78-688 r .-. RESOLUTION NO. 78R-~8~ ~. A RESOLUTTOlj OF THE. GITY COUi~CIL ()F THE CITY OF ANAI1EH' 11'1 NALLY A~CEPTING THE '~m1PLETION AND THE FI~R:nSHING Olf ALL PLANT LABOR, SER- VICES, HATE~:.l, ALS AND i EQUIPMENT i\, iT) M.L UTILI- TIES AND TRiWSPORTAT_ON INCLUDJl;i(, ,I'(JWEK, FUEL AND WATERND THE P!tRFOlU1ANCE (H' ALL WORK NECESSARY'T~ ~ONSTRU~T AND COMPlr1'[ THE FOLLOW- ING PUBLIC ttH'fHWEMEtJT, TO WIT: TRAFFIC SIGi....A...L AND SiFETY LIGHTING AT THE INTERSECTIO OF ELM TREET AND HARBOR BOULEVARD, :N THE CI Y OF ANAHEIM, ACCOUNT NO. 110-4309- 63-16-0075. q46-794-6~25-4020) WHEREAS, thq City Co~ncil of the City ()f AnanciT:1 l! i J cause to be publish~d in a nawspaper of general circulat icon. printed, pub:i~~ed ~d c~rcu~ated in the City of Anaheim, to wit: The Ana!1e1.m Bt.Jllet1.n, 1n the ]"s't-..and 8th ~a....oi: _~ _Jy.ne ,______, li97.B _, a notice invit1.ng sealed ~'roposals Tor turni~ihing the following : All plant, labo~, 8prvic~s, materials and equipment, and all utilities a~d transpdrtation, including power, fuel and water, and performina all work necessary to construct and complete Ln a good and workmanlike manner, in strict accordance with .the spec~fications. plans and drawings therefor on fil~ in the dffice of the City Engineer or City Clerk of t~e City of Anaheim, the following public improvement, to wit: Installation of traffic ~ignals and safety lighting at the11ntersec~.ion of Elm street and Harbor Boulevarq, :1n the! C:1ty o~ Anahe:1m" and all appurtenant !work as ~hown on the plans and delineated in t~ specifcations on file in the Orflce of tije City E gineer, Account No. 10-4309-263416-0075.(46-794-6325-4020) ~ t 1, in accordance with qhe desigqs, plans, profiles and specifica- tions prepared by . " _ the M).'-c Wprks Department , and the notice invl1Ing sealEJd proposals, which said notice -- -1- ATTV-40 iI>. n r' ,.-., ~, specified that sealed proposals as specifjed in said notice would be received up until 2:00 o'clock P.M. of the l5th day of June , 19~, and which said notice did state and declare th4t, pur~t to the provisions of Section 1770 of the Labor code, the C~ty Council of the City of Anaheim had ascertained the ~revailing rate of wages for each type of labor needed to exec~te said contract, and did state that the prevailing hourly wa~e scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on June 15 , 1978 ,at the hour of 2'00 o'clock P.M.', the Citfy Clerk and the City Engineer of the City of Anahe~m did opsn said sealed proposals received up to that time for tfhe furni~hing of all plant, labor, services, materials and equipm~nt, and ~ll utilities and transportation, including power, fue] and water, and performing all work necessary to construct and complete, ina good and workmanlike manner, in strict accordance widh the spacifications, plans and drawings therefor on file in ~he Office of the City Clerk of the City of Anaheim, the public ~rnprovemeqt hereinabove more particularly described and set fo:dth, in public, in the City Council Chamber in the City Hall, Anajheim, California, and the' City Engineer did tabulate the result df said sealed proposals and did make a report to the City Council ~t its ne~t _ _ _ _ _ regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next - - - - ~' regular meeting, held on the ~~h day of JW)e ,1978 ,at the hour of 1: 30 o'ClOCk P.M. , consi der the sealed P!roposalssubmitted for furnishing the materials and performing the work hereinabove more particularly described and set fo~th, and diid thereupon find and determine that the sealed propo!sal submiitted by STEINY AND COMPANY, INC~ or the construction, instal a~ion and completion 0 said Traffic Signal an."1 ~arety r.1gj!1t1ng ::It the 1nteJ'"Rectjon of Elm St:reet and Harbor Ho111.v~,..nJ in IJ:hA C1tyof" Anaheim, Account No. 46r794-6325-4020 "..-..", hereinabove mentioned and described, was the lo~est responsible proposal submitted there- for, and thereupon ac~epted said bid and did award a contract to said contractor fo~ 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 accord~nce 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 llth day of July , 19.1lL-; and WHEREAS, the $aid contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and p~rformed ~ll work necessary for the con- struction and completLon, in a good and workmanlike manner, in -2- ATT-40 ~ r' ~ ",...-.,." strict accordance wi~ the specifications, plans and drawings of said public impro~ent as specified in the notice inviting sealed proposals and ~n the de~ailed designs, plans, drawings and specifications pr!epared by' the P~liC Wo:rks D"~Af1:mAnt . " and t e contract made and entere nto with sai~ contradtor by the City of Anaheim; and WHEREAS, t~ D1;dectn:r nf' Pl1~'1~ Wf'rkfJ has duly certified toi the cons~ruction an comp et10n of said public improvement he~einabovei mentioned and described, in accordance with the pl~ans and ~pecifications and the contract documents duly made ~ entere~ into with said contractor; and WHEREAS, th~ City C~cil finds that said contractor has completed said public imprpvement hereinabove more particu- larly described in acbordance with the provisions of the con- tract and the contrac~ documen~s, and that notice of completion should be filed and pjayment of' the balance due said contractor authorized in accord~ce with the contract documents. ,~c NOW, THEREFPRE, BE I~ RESOLVED by the City Council of the City of Anaheim ~at all ~lant, lahor, services, materials and equipment and all: utiliti~ and transportation, and the per- formance of all work !necessary' to construct, install and com- plete in a good and wbrkmanlik~ manner, in strict accordance wi th the specificatiolns, plans! and drawings therefor on file in the Office of the Ci~ Clerk oif the City of Anaheim, tpgether with the appurtenanc~ theretq, said public improvement herein- above more particula~ly descri~ed and set forth, in the City of Anaheim, by said con~actor, be, and the same are hereby, accepted subject, nevertheless!, to all the terms , conditions and provi- sions of the contract documentis, and that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and af1ter final acceptance of said work as evi- denced by the adoption of this resolution, but not sooner than thirty (30) days aft~ the date of the filing of notice of com- pletion, excepting oni1y 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 accordance with said final estimate shall op~r- ate and 'shall be a r~lease 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 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 B,URTHER ~SOLVED that the Mayor be, and he is hereby, authorizeq to exec~te and file a notice of completion of said work as requ~red by law. -3- ATT-40 r I""'" .-. THE FOREGpING RESO~UTION is approved and adopted by the City Council: of the C~ty of Anaheim this 17th day of October . 19~~. ,........-."-...\ ATTEST: ~oy~m ,~\ ~ ".,... ..-., STATE OF c.&LlFObILA ) COUNTY 'OF ORANGE ) S8 . CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City C11~k of the ~ity of Anaheim, do hereby certify that the foregoing Resolution No. i".,'. SR-68,8, Wij' introduced an,d adopted at" ar",eg,Ular meetina provided by law, of ~e City Co ncil of the City of Anaheim held on the 17th day of October, 197~, by ;he f llowing vote f)f the meuiJefs tbereof: , ' AYES: COUNCIL MEMBERS: Overho1 t, Ka~ood, Ko t t, Ro th and Seymour NOES: COUNCIL MEMBERS: Nqne ABSENT: COUNCIL MEMBERS: Nqne AND I FURTHER CERTIFY that ttie Mayor of the City of Anaheim signed said Resolution No. 78R-688 on th~ 17th day ~f October, 1978. IN WITlESS WHEREOF, I have h~~eunto seti, my hand and affixed the seal of the City of Anaheim this 17th da)j! of Octobet, 1978. C~~~ElM (SEAL) I, LINDA D. ROBERTS, City C1~rk of the ~ity of Anaheim, do hereby certify that the foregoing is the origina~of Resolu~ion No. 78R-688 duly passed and adopted by the Anaheim City Council Qn October 17, 1978. ~'/~~'&.~ 'CITY CLERK ~ ~ n