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64-451RESOLUTION NO o 64R-4,51 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 IM- PROVEMENT~ TO WIT: FUP~ISHING AND INSTALLING TRAFFIC SIGNALS AND--~LIGHTING AT THE INTERSECTION OF HARBOR BOULEVARD AND SOUTH STREET, IN THE CITY OF ANAHEIM, JOB NO. 841. 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 12th and 19th days of March , 19 64 , a notice invitin~ealed 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 publ~c improvement, to wit: Furnishing and installing traffic signals and safety lighting at the intersection of Harbor Boulevard and South Street, in the City of Anaheim, together with all appurtenant work, as more particularly set forth in the plans and specifications on file in the Office of the City Engineer or City Clerk, Job No. 841, in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Wor~s Department , and the notice inviting sealed proposa%s, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o~clock Po M. of the 26th day of March , 1~ 64 , 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 exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and 2:00 WHEREAS, on March 26, , 19 64 , at the hour of 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, ~terials and equipment, and ~1! utilit:ies and transportation, in- cluding power, fuel and wate~*, and performing all work necessary to construct and complete, in a good and workmanlike manner, in s~rict 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 %ity Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and ~tid 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 31st day of March , 19 6__~, at the hour of _~ o~ P.M., -consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and ~id thereupon find and dete~nnine that the sealed proposal submitted by _S~ein¥.. ~nd Mitc~ 2gl N~ Ardmg~ A~enue. Los Angeles 4~_California for the construction, installation and completion of said traffic signals and safety light- Ln;~ at the intersection of Harbor Blvd. & South St. ,..~ Job No. 84!.~ hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said Steiny and Mitchel, Inc. 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 fo~~ and on behalf of the City of Anaheim with Steiny and Mitchel~ Inc. {~iCh said contract was ~i-y made and entered into on the 2nd day of April , 19 64 ; and ~t.~PgAS, the said. Steiny an~M~tchel~ IDc. has furnished all plant, labor, ser- vices, mate~ia-i~ 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, p!ans, drawings, and specifications prepared by the Public Works Department , and the contract made and entered into with it by the City of Anaheim~ and ~EREAS, 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 ~ith said. Steiny and Mitchel_~Inc. ; 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~ ~HEREFORE~. BE IT RESOLVED by the City Council of the City of A~aheim that all plant, labor, service~, n~at,~rials~ and equipment and all utilities and transportation~ and the per.~ formance of all work necessary to construct~ install and complet~, in a good and workmanlike manner, in strict accordance with tb~ specifications, plans and drawings therefor on file in the Offic~ 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 ~nahei~. by said contractor, be, and the same are hereby accepted, subj~c~ 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 a~d after final acceptance of said work as evidenced by the adoptiop~ of this resolution, but not sooner than thirty <30) days after the da~.e of t~he filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of ~aid contract and contract documents~ That acceptance by the con~ tractor of said pay~nents 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 d~e the contractor for apything 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 Mayo~~ 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 ~q~r~d by law~ 'THE FOREGOING RESOLU%ION is approved and signea by ~na this 23rd day of June~_~ 19~ 64 ATTEST ~ ~, CItY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I DENE M. WILLIAMS , City Clerk of the City of Anaheim, do hereby certify t~~regoing resolution was intro~ duced and adopted at a -- regular meeting provided by law of the City Council of the City of Anaheim, held on the 23rd day of June . ~ 19 64 . AYES~ NOES~ COUNCILMEN~ Pebley, Dutton, Schutte, Krein and Chandler COUNCILMEN ~ None ABSENT COUNCILMEN~ None AND I FURTHER CERTIFY that the Mayor of the City of knaheim approved and signed said resolution on the 23rd day of June 19 64 liN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd of____~_, 19 64 (SEAL) day CiTY CLERK OF THE CITY OF ANAHEIM 'l