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64-450RESOLUTION NO o 64R-450 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~ _~ING AND INSTALLING TIiAFF%C SIGNALS AND ~_AFETY LIGHTING AT THE INTERSECTION OF KATELLA AVENUE AND NINTH STREET, IN THE CITY OF ANAHEIM, JOB NO. 828. 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 ., 1964, a notice inviting sealed proposals for furnishing the. following: Ail plant, 7labor, services, materials and equipments and all utilities and transportation, including power, fuel a~d 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 Off~.ce of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Furnishing and installing traffic signals and safe~y lighting at the inter- section of Katella Avenue and Ninth Street, in the City of Anaheim, together with all appurtenant work as more particularly set forth in the plans and specifications on file in uhe Office of the City Engineer or C~ty Clerk, Job No. 828. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Work~ DeDartment , and the notice inviting sealed proposals, 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~---~ , 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, msterials 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 sarict 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 next -- regular meeting; and WHEt~AS~ the City Council of the City of Anaheim did, at its next -- regular meeting, held on the _0j.tf._- day of March , 19 64 , at the hour of 1:30o'clock P.Mo, 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 STEINY AND MITCHEL, INC., g21 North Ardmore Avenue, Los Angeles 4, C~iifornia__ for the construction, installation and completion of said traffic signals and safe~y_light- i.~o. Job No. 828~ .... ~ at Katelia Avenue and Ninth Street~ hereinabove mentioned and described-]'was the 1-6west'"~resp°nsibi~e'"~ro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said STEINY AND ~%%CHEL. INC.. for furnishing ill 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 STEINY AND MiTCHEL_~ INC.~ ~,~ic~ ~aid C~~ wa~ ~de and enter'ed into on the ___~__ day of Aori_____l , 19 64 ; and ~,~OVA~ the said STEINY AND MITCHEL, INC h~ furnish'ed all plant', labor, Ser- vices, mat~ 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 ~ar~menc __, and the contract made and entered into with it by the City of Anaheim; and WHEt~AS, 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.~AND MITCHEL ; and' ~,~E~REAS, 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 b3 the City Council of the City of Anaheim that all plant, labor, service~, n~at.ariata. and equipment and all utilities and transportation, and the pec.~ formance of all work necessary to construct~ install and comple;t.~, in a good and workmanlike manner, in strict accordance with. th?~ .specifications, plans and drawings therefor on file in the Officz~ of the City Clerk of the City of Anaheim,. together with the appurtenances thereto, said public improvement hereinabove more particularly described and set forth, ~n the City of Anaheim~ by .said contractor, be, and the same are hereby accepted, subj~zct, 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 and after' final acceptance of said w-----~rk 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 ~aid contract and contract documents. That acceptance by the con tractor of said pa)nnents 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 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 any amounts withheld by the City at the time .of such pa}~ent. AND BE IT FURTHER RESOLVED that the Mayor and the City Cl~.rk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as t~aquired by law~ THE FOREGOING RESOLU%ION is approved and signed by ~ne this 23rd day of June , 19 64 ATIEST o° ~ CLERK O-~--fl~E 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 h~y ~~ha~ lhe f~regoi~g resolution was ~ntro~ 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 _:~ .... ~ 19 6__~_4 __. AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES~ COUNCILMEN: None ABSENt: COUNCILMEN ~ None AND I FURTHER CERTIFY that the Mayor of the City of ~naheim approved and signed said resolution on the 23rd day of June 19 64 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd of Jun_ e__, 19 64 . day (SEAL) CITY CLERK OF THE CITY OF ANAH~