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1965-449RESOLUTION NO. 65R 449 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: R:OR EVARD ,.a KATELLA AVENUE, IN THE CITY OF ANAHEIM, .PRnJECT N0. 146 A (UNIT 2,�, 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 21st and 28th days of January 1965 notice inviting sealed proposals for furnishing the fo1Tow�ing: 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: Modification of the traffic signals at Harbor Boulevard and Katelia Avenue, in the City of Anaheim, consisting of replace- ment of existing fixed time traffic signals with fully actuated traffic signals, complete with left turn phases, pedestrian "Walk Don't Walk' phase, and inductor loop detectors, and appurtenant work, as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Project No. 146 -A (Unit 2). in accordance with the designs, plans, profiles and specifica- tions prepared by t 1'. s ►es, t and the notice inviting sealed proposes s, w is sal notice specified that sealed proposals as specified in said notice would be received up until 2 o'clock P.M. of the th day of F brua y 19 65 and which said notice di 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 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 WHEREAS, on February 4th, 1965 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, services, materials and equipment, and all utilities and transportation, in- cluding 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 there- for 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 MU regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its )G))X regular meeting, held on the 9th day of March 19 65 at the hour of 1.30 o'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 E. D. JOHNSON CO.. P. 0. Box 29, Anaheim, California for the construction, installation and completion of said modification of traffic signals at Harbor Blvd. and Katella Avenue Pro'ect No. 146 -A nit 2 hereinabove mentioned and described, was the owest responsib e pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said E. D. JOHNSON CO.. P. 0. Box 29, Anaheim California for furnishing all plant, labor, ser- vices, 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, the said pub- lic 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 CO. 17hich sai contract was duly made and entered into on the llth day of March 19 65 and WHEREAS, the said E. D. JOHNSON CO. has furnished all plant, labor, ser- vices, 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 speci- fications, 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 _Department and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public improve- ment 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 CO. and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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 accordance with the contract documents. -2- NOW THEREFORE, BE IT RESOLVED uy the City Coencil of the City of Anaheim that all plant, labor, ser eaterialle and equipment and all utilities and transportation, and the per formance of all work necessary to construct, i%stall and complece, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Offiee of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement her.inabove more particularly described and set forth, in the City of Anaheim, bi 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 contrntor for said work be paid to it thirty-five (W days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty days after the date of the filing of notice of completion, excepting only such sum or sus 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 arything 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 Clert of the City of Anaheim be, and they are hereby aatleorized to execute and file a notice of completion of said work as neeildrei by law. THE FOREGOING RESOLUTION is approved and signed by me this 151b__ day of June 1965 ATTEST 11,'UENE M.VILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM, DO HEREBY CERTIFY THAT THE F'.;REGOING IS 1H CITY CLERK OF THE CITY OF ANAHEIM AL OF RESOLUTION NO6- DULY ED A D ADO ED BY THE ANAHEIM CITY COUNCIL ON1- /5' CITY CLERK I, DENE M. WILLIAMS City Clerk of the City of Anaheim, do heriETEZHITTEE resol tion was intro- duced and adopted at a law of the City Council of the City of Anaheim, held on the 15th day of J une STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 15th day of June IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this day of June (SEAL) regular meeting provided by AYES COUNCILMEN Dutton, Pebley, Schutte and Krein NOES COUNCIL€N0 None ABSENT COUNCILMEN. Chandler -3- C IT /OR OF THE UN 0 ANAHEIM CLERK OF T E C ITY IF 4NAHEIM