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1973-178 RESOLUTION NO. 73R- 178 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 \'JATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF SOUTH STREET AND STATE COLLEGE BLVD., IN THE CITY OF ANAHEIM, WORK ORDER NO. 672-A. 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 1st and 8th days of February , 19 73 , a notice inviting sealed proposals for furnishing the following: 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The installation of traffic signals and safety lighting at the intersection of South Street and State College Blvd., in the City of Ariaheim, consisting of installing all above grade equipment and placing in operation by means of temporary wiring a City provided controller. At termination of storm drain contract all below grade equip- ment is to be installed. Plans and specifications are on file in the Office of the City Clerk or City Engineer, Work Order No. 672-A. l-> in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Depart:nent . and the notice inviting sealed proposals, wh1ch sa1d notice specified that sealed proposals as specified in said notice would be received up until 2: 00 0 I clock P.M. of the 15th day of February , 19 73 , 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 w~ges for each type of l~b~r needed to execute said contract, and d1d state that the preva1l1ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- ."~ WHEREAS, on __February 15 , 19 73 ",elt the hour of _2.i..O..CL-_ o'clock P.M" the CIty Clerk and t,he CP.y Englneer ot the C1 ty of Anabei m dl"d open sa1.d sealed proposa Is rece 1 ved up to that tlmefor t"he furnish~ng of all plant , labor, serV1 ces. materials and eq\l1pment, and all utlllties and transportatlor;, ~ncluding power, fuel and water, and performing all work neces,- sary to construct and complete, "In a good and workmanlike manner. In strIct accordance wlth the SpeC1.flcations, plans and drawings therefor on f~le lon the Off~ce of the City Clerk of the Clty of Anahe~m, the pubL1c ].mprovement hereInabove more particul.;t,r.y described and set forth, in public, in the C't ty CouncIl Chamber in the City Hall, Anaheim, California, and the City Engineer d'ld tabulate the result of said sealed proposals and dld make a report to the CIty Council at its next ------------- regular meetlng; and WHEREAS, the C1.ty Councll of the City of Anaheim did, at its next ------------- regular meet~ng, held on the 20th day of Feb};uarfi ' 19 -IL-, at the hour of 1: 30 0: clock P.M.~ consider t e sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determ1.ne that the sealed proposal submitted by BAXTER-GRIFFIN CO., 8210 Monroe St., Stanton, California for the construct~on, lnstallation and completion of sa1.d traffic signals and safety lighting at the interseg. 0+ South St. & State c..oll~<;1e Blbd.. City of Anaheim. W.O. 672-A ere~nabove mentIoned and eSCIl ed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said BAXTER-GRIFFIN CO. for furnish~ng all plant, labor, servlces, materials and equipment and all utilities and transpor- tation, 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, pl,ans and drawings, the said public improvement as specified in said notlce inviting sealed proposals, and did authorlze the Mayor and the Ci.ty Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with BAXTER-GRIFFIN CO. which Sd.ld contract was duly made and entered lnto on the 27th day of February , 19-Il-; and ,~, WHEREAS, the said BAXTER-GRIFFIN CO. has furnished all plant, labor, serVlces, mater~als and equipment and all utilities and trans- portation, 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 inviti.ng sealed proposals and in the detailed desi~s! ~lans, drawings, and specifications prepared by the Puol~c Works Department , and the contract made and entered lnto w~th it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completlon of sald public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said BAXTER-GRIFFIN CO. ; and -2- -----'.....~-~.'-,._,>~.,.~."-_._""'"_.~_....~-_.-.--_~'--~- "'~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particll-'- larly described in accordance with the prov1sions of the contracL and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. 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 performance 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 con- tractor for said work be 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 acceptance by the contractor of said payments made in accord" ance 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 Dr any act or neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for amounts \,'1 tliH held by the city at the time of such payment. AND BE IT FURTHER RESOLVED unat the Mayor and the C1ty 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 th~s 8th day of May , 19 73 . ATTEST: p''''---. -3- - - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) - I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-178 was passed and adopted at a regular meeting of the City Council held on the 8th day of May , 19 73, by the following vote of the members thereof: - - AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCI~~EN: None ABSENT: COUNCIU1EN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the ~~ day of May , 19~. IN WITNESS t~EREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of May ,19 73. (J, . lx. ~~ ._ ~RK OF THE CITY OF ANAHEIM (S EAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-178 duly passed and adopted by the Anaheim City Council on May 8, 1973. iJ~ k fl~ City Clerk -