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1973-585 RESOLt1l'ION NO. 73R-585 A RESOLt1l'ION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNALS AND SAFETY LIGHTING MODIFICATION AT ORANGE THORPE AVENUE AND PLACENTIA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 678-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 lOth and 17th days of Nay , 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: Traffic signals and safety lighting modification at Orangethorpe Avenue and Placentia Avenue, in the City of Anaheim, consisting of relocation and instal- lation of traffic signal standard with vehicular in- dications on the southwest corner of intersection; full installation of pedestrian indications; program- ming of vehicular heads and installation of inductive loop detectors; in accordance with plans and specifi- cations on file in the Office of the City Clerk or City Engineer. There will be no street work connected with this job. Work Order No. 678-A ~"-----... in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Departm~nt. . and the notice inviting sealed proposals, wh~ch sa~d not~ce specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the ?4t-h day of May , 19 73 , and which said notice did state and declare that, pursuant to the provisions of Secti~n 1770 of the Labor Code, the City Council of the City of Anahe~m had ascer- tained the prevailing rate of wages for each type of l~b~r needed to execute said contract, and did state that the preva~l~ng ~ourly wage scale so ascertained was on file in the Office of the c~ty Clerk; and -1- - WHEREAS, on May 24 , 1911--, at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servi- ces, materials and equipment, and all utilities and transporta- tion, 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 of the City of Anaheim, the public improvement 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 next _~~=-- regular meeting; and mIEREAS, the City Council of the City of Anaheim did, at its next -------- regular meeting, held on the ~~~ day of May , 19 73 , at the hour of 1:30. o'CIOCk 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 -pMITILEJ,.t:~TRIC~_ 10792 Knott Avenue, St~nton, Ca~ifo~ 9068Q . for the construction, lLnstallation and complet1on of said traffic si~nals and safe~ighting modifica~ion at Oranqe=--- thorpe Avenue and Placentia Avenue, in the City of Anahp-im. Work Order No. 67S-A hereinabove mentioned 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 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 31st day of May , 19 73 ; and mIEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction 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 inviting sealed proposals and in the detailed designs, plans, drawings and specifications prepared by the Public Works DepartmenL-- , and the contract made and entered into with said contractor by the City of Anaheim; and ~ WHEREAS, the nirp-qtoT' of Puhli~ VioT'k~ has duly certified to the construct1on and complet10n of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said contractor; and -2- - WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract and the contract documents, and that notice 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 per- formance 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 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- dence 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 acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, 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 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 18th day of December , 19-11. ATTEST: CJ 2.7t., j) ~~ ~LERK OF THE CITY OF &~AHEIM - -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-58~ was passed and adopted at a regular meeting of the City Counc~l held on the 18th day of December , 19 73, by the following vote of the members thereof: --- AYES: COUNCILMEN: NOES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 18th day of December , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of December , 19 73 . ~E~F 1J.~ ANAHEIM (SEAL ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-585 duly passed and adopted by the Anaheim City Council on December 18, 1973. ~ hr j)~ City Clerk ~'"