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1975-619RESOLUTION NO. m A RESOLUTION OF THE CITY COUNCIL OF THE CITY �r OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSEC'T'ION OF CERRITOS AVENUE AND NUTWOOD STREET, IN THE CITY OF ANAHEIM., WORK ORDER NO. 732-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 A ril , 19 Y, 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 Cerritos Avenue and Nutwood Street, in the City of Anaheim, and all appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 732-A. in accordance with the designs, plans, profiles and specifics- tions prepared by the Public Works nartmpnt and the notice invit ng sea a pxoposa Ts, wh-IcH said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o°clock P.M. of the 24th day of April , 19�, and which said notice did state and declaFe that, pursuant to the provisions of Section 1770 of the Labor Code, the City Counoil of the City of Anaheim had ascertained the prevailing rate of wages 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 IM WHEREAS, on April -24 19.7._, at the hour . O of 2:00 'clock P.N—.,the City Clerk and the City Engineer of the City7 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 WHEREAS, the City Council of the City of Anaheim did, at its next - - - - - regular meeting, held on the Zgtb day of L9 I Apri3__® at the hour of 0 0 clock 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 BAXTER-DRIFyINCO. _,�� 8210 Monroe - r - t,_St�nt on. for the construction, installation a c etion of saia installa-tio of traffic Is V 1IL7r tIng! at thp intersection of QVrr* Strppt- In thp —City of Anaheim._.Mork Order No. 732-A_ hbreinabove 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,.setvices, 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 6th day of ' May, 19 79 ; and WHEREAS, the said contractor has furnished all plantj 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 th,- Puhlin Wn-nkR Department r the contract made gn-tered into with said contractor by the City of Anaheim; and WHEREAS, the has duly certified to ompleti6n-6-f-said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into d contractor; and IM 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 bylaw. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of December P 19_1d. ATTEST. CII—TY CLERK OF THE =TY OF ANAHEIM -3- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONG M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-619 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of December, 1975, by the following vote of the members thereof: AYES; COUNCIL MEMBERS; Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood and Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-619 on the 2nd day of December, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of December, 1975. CITY CLERK OF THE CI OF HIAHEIA (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution Na. 75R-619 duly passed and adopted by the Anaheim City Council on December 2, 1975. City Clerk