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64-125RESOLUTION NO. 64R-125 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: FURNISHING AND INSTALLING TRAFFIC S%GNALS AND SAFE~-LIGHTING AT THE ' INTERSECTION OF HARBOR BOULEVARD AND LA PALMA XVENUE, iN '"'THE CITY OF ANAHEIM: JOB NO- 7q?. 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 10th .and ..17th d~¥s..of Octobmr , 19 63 , a notice inviting sealed proposals for furnishing the following: All plan 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: Furnishing and installing traffic signals and safety lighting at the intersection of Harbor Boulevard and La Palma Avenue, 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. 792. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sealed prOpOsal-S, which sai'~' 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 October , 19 63 , and which said notice did state and declare '~hat, 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 execute said contract and did set forth the prevailing hourly wage scale so ascertained; and of 2'00 WHEREAS, on October 24 1963 , at the hour o'clock P. M., 'the City Cler~ and City Engineer of -1- 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, c!uding power, fuel and water, and perfo~ming all work necessary to construct and complete, in a good and wo~kmanlike 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, ~he public improvement hereinabove more particularly described and set forth, in public, in the Uity Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and ~!id make a report to the City Council at its next -- regular' meeting; and WHEREAS~ the City Council of the City of Anaheim did, at -- ~ lar meeting, held on the 29th day of its next reou October , 19 63 , at the hou? of 3:00 o~ 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~._~_221 North~Ardmor~ Avenue~ Los An~_les 4 C~_~al~fornia_z__ for the construction, installation and completion o.f said traffic_signals and safety light- ning a~t Harbor Blvd. and La Palm~ Ave.~ Job No. 792, herei~above me~ft~i-o-n~e~ ~n~ ~escr~be~,--~as the l'owes~ responsibi~'"'Pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said STEINY AND MITCHEL~ INC.. f~.~ ~~!~ ~1% ~lan~' labOr, ser- ~?ices, 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- !ic 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 foz~ and on behalf of the City of Dmaheim with STEINY AND MITCHEL, INC ~__ ~,~hich said contra~t was duly made and entered into on the 30th day of October , 196~__; and --- - ~,,~HED~AS, ~he said STEINY AND MITCHEL, INC. ~ .__ has furnish~-~ ~-~i plant', lab°r, ser- vices, mate~ials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and worl~nanlike manner, in strict accordance with the speci- ~-icat~ons,_ plans and drawings of sai~ 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 cont~act made and entez~ed into with ~_J_t_~ by the City o~. Anaheim~ and i~EPd~AS, the Director of Public Works has duly certified to the construction and h-o~i-~On Of ~said public improve- ~nent hereinabove mentioned and described, in accordance with the plans and. specifications and the contract documents duly made and entered into with said STEINY AND MITCHEL~ INC., ; an~ 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 payn~ent of the balance due said contractor authorized in accordance with 'the contract documents. N0W~ '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= forme_~ce of all work necessary to construct~ install 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~ together with the appurtenances thereto~ said public improvement hereinabove more particularly described and set forth~ in the City of Anaheim~ by said contractor~ be~ and the same are hereby accepted~ smbJect~ 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 i~ thirty~five (35) days from and after final acceptance of sa~rk as evidenced by the adoptio~ of this resolution~ but not soo~er than thirty (~0) days after the date of the filing of notice of completion~ excepting only such sum or sums as ~y lawfully be withheld in accordance with the p~ovisions of said contract and contract documentso That acceptance by the con= tractor of said payments made in accordance with said £inal~ 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 anything done or furnished or withheld o~ £o~ 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 paymento AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be~ and they a~e hereby authorized to execute and file a notice of completion of said work as requi~ed by lawo THE FOREGOING RESOLUTION is approved and signed by me this ~Sth -~. .... day of ~ ~F~b__r_uar¥ ~ ~??Tg--~..~o ..~ ATTEST ~YOR OF TI~:-C'ITY OF ANA-H~ GIT~ CLERK OF THE CITY OF ANAHEI~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSo CITY OF ANAHEIM ) I~ DENE M. WILLIAMS .... ~ City Clerk of the City of Anaheim~ d'6'h~rsby~"~'-e~'~'ifY't~at the foregoing resolution was introduced and adopted at a -- regular meeting pro~ vialed by law of the City Cou[eCil '~f the Ci~ty of Anaheim~ held on the .25~h .... day of_ ~, February .... _, ,~ 19_~..~ by the following vote: AYES~ COUNCILMEN: Chandler, Schutte, Krein and Coons NOES COUNCILMEN r. None ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 25t.~h day of .... Fe~bruar, y ..... ~ 1964, o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this ~ day of .... Feb,.r. uary _, ~ 19 6~4 o (SEAl~) CITY Cr.~,:w,X-O~ THE C]~T~/' O~ ANAREII~