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1961-7256RESOLUTION NO. 7956 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING TOGETHER WITH A PPURTEN AT THE INTERSECTION OF BROOKHURST STREET AND CRESCENT AVENUE. IN THE CITY OF ANAHEIM, JOB NO. 529. 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 9 on May 30 and June 6 19 61 a notice inviting sealed proposals for furnishing the foowing: All plant, labor, services, 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 on file in the Office of the City Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: Furnishing and installing traffic signals at the intersection of Brookhurst Street and Crescent Avenue, in the City of Anaheim, including safety lighting and appurtenant work as more particularly set forth in the plans and specifi- cations on file in the Office of the City Engineer or City Clerk, Job No. 529; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed 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 15th day of June 9 19 61 9 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 ascertained the prevailing rate of wages for each type of labor needed to execute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on ,tun 15_ 19 61 9 at the hour 2 o'clock P.M., th C ity Clerk and City Engineer of �1� 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, 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 parti- cularly 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 tc 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 22Otth� day of June 19 61 at the hour of 300 osclock cons er a sealed proposals submitted or furor 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. n. Jo1vSON n or the construction., nsta at on an. comp a on o sa si.nals at the intersection of Brookhurst St re cen ere nabove menti,.med and described, was the owest responsib .e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said E. D. JOHNSON COMPANY, P. 0. Box 2 Anaheim California or furnishing all plant, labor, services, mater a.s an equ p- 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, 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 COMPANY which said contract s u y ma a an entered 2� 2nd day of June 19 61 and WHEREAS, the said E D. JOHNSON COMPANY has f urnished all plant, labor, services, materials and equipment 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, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, designs, plans, profiles, drawings and specifications pre- pared by Pub1_ e s �e.a_ tment 9 and the contract ma •e an en ere• in o w it •y •e City of Anaheim; and WHEREAS, the Director 9f Puk 13, Works has duly certified to the construction and complet of said public im- provement 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 R COMPANY and 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 accord- ance with the contract documents° -2- traffic v- No. 52, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install 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, together with the appurtenances thereto, said public improvement hereinabove 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 be paid to it thirty -five (35) days from and after final acceptance of MTV-ark 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 con- tractor 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 any 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 3rd day of October 1961 0 ATTEST: CITY CLERK OF THE CITY OF ANAHEI (SEAL) NOES: COUNCILMEN None. AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ........LIALE,„XILLIAja, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim, held on the 3rd day of October 1961 by the following vote: ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the lyd day of C)r,tnher 9 19 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of October fl 19 61 0 CITY CLERK 0' THE CITY OF ANAHEIM