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66-232A 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: FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF LOARA STREET AND WESTMONT DRIVE, IN THE CITY OF ANAHEIM JOB NO. 982. RESOLUTION NO. 66R 232 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 4th and llth days November 19 65 a notice inviting sealed pro posals 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: Furnishing and installing traffic signals at the intersection of Loara Street and Westmont Drive, in the City of Anaheim, including safety light- ing 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, Job No. 982. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De•artment and the notice inviting sea e• proposa s, w ic sai• notice specified that sealed proposals as specified in said notice would be received up until 2 00 o'clock P.M. of the 18th day of November 19 65 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 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 November 18 19 65 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 se led proposals received up to that time for the furnishing of all plant, labor, services, 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 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 de- scribed 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 nd did make a re- port 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 23rd day of November 19 65 at the hour of 1:30.o clock P.M., con- sider 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 AND COMPANY P. O. Box #29 Anaheim, California, or t e construc- tion, installation and completion of said traffic signals at the intersection of Loara Street and Westmont Drive Job No. 982 ere n. ove mentione n escri e. was t e lowest resp.nsible proposal sdbfitted therefor, and thereupon accepted said bid and did award a contract to said E. D. JOHNSON AND COMPANY for furnishing all plant, labor, services, materials and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct -nd complete, in a good and workmanlike manger, in strict accordance with the specifica- tions, plans and drawings, the s =yid public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of An; =heim to execute a con- tract for and on behalf of the City of Anaheim with E. D. JOHNSON AND COMPANY which said contract was duly made and entered into on the 26th day of November 1965 y and WHEREAS, the said E. D. JOHNSON AND COMPANY has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performing all work necessary for the construction 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 se led proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Works De•artment and the contract mace an entere into wit it .y t e City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said ublic improvement 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 AND COMPANY WHEREAS, the City Council finds that said contr -ctor has completed said public improvement hereinabove more particu- larly described 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. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor,ervices, materials and equipment and all utilities and transportation, and the per- formance ot 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 provisions of the contract documents, and that the balance due said contractor for said work 3e, paid tc it thirty-five (35) days from and after final acceptance of as evidenced by the adoption of this reaolution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such sum or sums as maLy lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance 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 officers, 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 by law. THE FOREGOING RESOLUTION is approved and signed by me this 29th day of March 19 66 ATTEST CLERK OF THE CITY OF HEIM YOR OF THE CITY 0 NAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R -232 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Araheim, held on the 29th day of March, 1966, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -232 on the 29th day of March, 1966. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official seal of the City of Anaheim this 29th day of March, 1966. (SEAL) AYES: COUNCILMEN: Dutton, Pebley, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler 4 C IT CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -232 duly passed and adopted by the Anaheim City Council on March 29, 1966. CITY CLERK