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78-686 t"""', --., ~, RESOLUTION NO. . 781\-686 A RESOLUTIon OF THE CITY COlJHCIL OF TIlE CITY OF ANAHEH1 t.. 1 NALLY ACCEPTING THE r:m1PLETION AND THE FURtn SHING or ALL PLANT LA BOR, SER- VICES, NATE~lALS AND EQUIPMENT J\.ID ALL UTILI- TIE$ AND TR),NSPORTAT(ON INCLUDH1{, I'OWE" , FUEL AND WATER, AND THE PtRFORHANCE (W ALL WORK NECESSARY TO r.OHSTRUtT AND COMPLFTE THE FOLLOW- ING PUBLIC HIPROVEME~T, TO WIT: TRAFFIC SIGJ.AL AND S~FETY LIGHTING MODIFICATION AT THE INTERSECTION OF BROApWAY AND EUCLID STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-795-6325-5020. WHEREAS, th~ Ci ty Cm.ncil of the Ci ty I')f Anahc ir.1 d j d cause to be publish~d in a n~wspaper of general circulat ic.n. printed, published 4nd circulated in the City of Anaheim, to wit: The Ana~eim Btilletin, on ~~e 2nd and 9th d~of___ --.Feb.r1.lary_ _ . ~_ ____, 1978 _, a notice invi t1.ng sealed ~.roposaIsIor furniahing the forlowing: All plant, labor, sprvicas, 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 nn file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Traffic signal $nd safety lighting modification at the intersection ofiBroadway and Euclid Street, in the C~ty of Anahe~m. cons~st~ng of the ~nstallation of traffic signals and safe~y lighting, and all appurten- ant work as shoWn on the plans and delineated in the specifications ~n file in the Office of the City Engineer, Account No. 13-795-6325-5020. .~. in accordance with tbe desig~s, plans, profiles and specifica- tions prepared by.. the t~ljC ~rt~ent and the notice invit!1ng sea e proposaIs:-wfiICh said notice -1- ATTV-40 III i "-.,, ...-.. ~ specified that sealed proposals as specifjed in said notice would be received up until 2:00 o'clock P.M. of the 16th .. day of F~hr~ry , 19~, and which said notice did state and eclare that, pursu~nt to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wRges for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on. Febrij,if,ry t6 ,19~, at the hour of 2"on o'clock P.M., the City C erk and t~e C1.ty Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furni$hing of all plant, labor, services, materials and equipment, and ~ll utilities and transportation, including power, fuel and water, and performing all work necessary to construct and comwlete, 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 p~blic, in the City Council Chamber in the City Hall, An~heim, 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 28th day of E~bruarfea' 19 28 ,at the hour of 1:30 o'clock P.M., consider t e sea e proposaIs submitted for furnishing the materials and perfor~ing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by STEINY AND COMPANY~ C 1 fo ia 280 or t e construction, installation and comple~ion 0 said Traffic ~;~~;a;n:~=~;:~~1~i~;:~~,M~~1~~~a~i~~ ~~ :~:h;~;~rsection of Aooount NO. J3-795-h3~5-5n'n ,,'..-.,. hereinabove mentioned and described, was the ldwest responsible proposal submitted there- for, and thereupon ac.cepted 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 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 3rd day of M~~~h , 191B--; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and p~rformed all work necessary for the con- struction and completion, in a good and workmanlike manner, in -2- ATT-40 . I 1"". ~ strict accordance wi~ the specifications, plans and drawings of said public impro~ement as specified in the notice inviting sealed proposals and 'in the d~tai1ed designs, plans, drawings and specifications p~epared by the Publ~c Works nADaIt~nt . ., and tne contract made and ,~ entereC1 n 0 with sa~d contrad"t'Or by the City of Anaheim: and WHEREAS, t"e Dire$tor of PUbl~C worts has duly certified tq the con truct10n an comp etion of said public improvement h~reinabov~ mentioned and described, in accordance with the plans and specifications and the contract documents duly made 4nd enter~d into with said contractor: and WHEREAS, t"e City C~unci1 finds that said contractor has completed said pdb1ic imp~ovement hereinabove more particu- larly described in a~cordancelwith the provisions of the con- tract and the contraqt documents, and that notice of C.omp1etion should be filed and gayment ot the balance due said contractor authorized in accord4nce with the contract documents. NOW, THERE~ORE, BE ~T RESOLVED by the City Council of the City of Anaheim ~at all W1ant, labor, services, materials and equipment and a11 uti1iti~s and transportation, and the per- formance of all worknecessart to construct, install and com- plete in a good and *orkman1il~e manner, in strict accordance with the specificatiqns, plan$ 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 particu1atly described and set forth, in the City of Anaheim, by said con~ractor, be, and the same are hereby, accepted subject, neverthe1es$, to all the terms, conditions and provi- sions of the contract documents, and that the balance due said contractor for said work be paid to said contractor thirty-five '(35) days from and after final acceptance of said work as evi- denced by the adopti~n of thi$ resolution, but not sooner than thirty (30) days aft$r the date of the filing of notice of com- pletion, excepting o*ly such sum or sums as may lawfully be withheld in accordan~e with t~e provisions of said contract and contract documents. That acc+ptance by the contractor of said payments made in acc~rdance with said final estimate shall op~r- ate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done Qr furnished or withheld or for any- thing relating to the work or any act or neglect of the City, its officers, agents and emp10yee$, excepting only claims against the City for amounts withheld by the City at the time of such payment. "..-.... AND BE IT rURTHER RESOLVED that the Mayor be, and he is hereby, authorizel to execute and file a notice of completion of said work as requlred by law. -3- ATT-40 r-, ~ THE FOREQOING RESQLUTION is approved and adopted by the City Counci~ of the City of Anaheim this 17th day of O~tob~r , 197~. ATTEST: ~ f ".....-...... \ ~ ~ STATE QF CALIFORIUA ) COUIITY"OF -ORANGE ) S$. CITY or ANAHEIM ) ~. '.\ I I, LINDA D. ROBERTS, City C1,rk of the City of Anaheim, do hereby certify that the foregoing Resolution NO.ti V8R-686 waF introduced and adopted at a regular meeting provided by law, of . \1e City Cojunci1 of the City of Anaheim held on the 17th day of October, 197. , by the f~11owing vote of the members thereof: AYES: COUNCIL MEMBERS: ~erhol t, ~ood, Kott, Rb th and Seymour NOES: COUNCIL MEMBERS: Nji)ne ABSENT: COUNCIL MEMBERS: Njbne AND I FURTHER CERTIFY that t.~ Mayor o~ the City of Anaheim signed said Resolution No. 78R-686 on th~ 17th day !of October, 1978. IN WITNESS WHEREOF, I have h~reunto se~. my hand and affixed the seal of the City of Anaheim this 17th day of Octob~r, 1978. ~~~~~7T~ CITYCL OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City C1~rk of the jCity of Anaheim, do hereby certify that the foregoing is the origin~ of Reso1~tion No. 78R-686 duly passed and adopted by the Anaheim City Council bti October i17, 1978. ~/X;)~ . CITY CLERK .\ II I n