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71R-161 RESOLUTION NO. 7lJR- 161 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: FURNISHING, INSTALLING AND MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING ALONG BALL ROAD AT VARIOUS STREETS IN THE CITY OF ANAHEIM, FOR THE PURPOSE OF INTERCONNECTION, WORK ORDER NO. 595-A. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general eirculation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on Julv 9th and Julv 16th , 19 70 , a notice inv1t1nq sealed 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 public ~provement, to wit: FurniShing, installing and modification of traffic signals and safety lighting along Ball Road at West Street, Walnut street, Loara Street, Nutwood Street, Brookhurst Street and Magnolia Avenue, 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, Work Order No. 595-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works 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 P.M. of the 23rd day of July , 19 70 ,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 , -1- WHEREAS, on Jul~ 23 , 19 70 , at the hour of o'clock P.M., the City Clerk and the Cfty 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, 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 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 WHEREAS, the City Council of the City of Anaheim did, at its next --------- regular meeting, held on the 28th day of Ju~------;-r9_2U_' at the hour of 1:30 o'clock P.M., consider the sealed proposals submitted for furnishing the materials and perfo~in9 the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by SMITH ELECTRIC SUPPLY, 10792 Knott Avenue, Stanton, CalifornIa 90680 for tlie construct1on,-rnstallation~ compret1onlOf Sa1Q traffic signals at various streets in the_City of An~ei~L Work Order No. 595-A here1nabove mentioned ana-described, was tne-rowest responsibIe proposal submitted therefor, and thereupon accepted said bid and did award a contract to said __ Smith Electric SUQPl~ _ or furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, including power, fuel and water, and perfo~inq all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings, the said public 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 Smith Electric SupplY which said oontra'Ctwas duly made and-entered into on the--ri"d day of Au~ust , 19~_; and WHEREAS, the said Smith Electric sup~lv has furnished all p ant, labor, &ervrces, mater1als and eqUIPment and all utilities and trans- portation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifica~lons, plans and drawinqs of said publie improvamane aa apaeifiad in eha noei~a inviting aAalad proposals and in the detailed designs, plans, drawings, and specifications prepared by De~artment of Public Works , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Ppb~c Jip.r.Ks has duly certified to the constructfOn and comp et10n of said public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into wi th said Sm! tl'L Electric S\U!~ly ____J and -2- WHEREAS, the City Council finds that said contractor 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, services, materials and equipment and all utilities and transportation, and the performance of 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 con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of said work 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 said contract and contract documents. That acceptance by the contractor of said payments made in accord- ance 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 em- ployees, excepting only claims against the City for amounts with- held 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. this 27th day of and signed by me ATTEST: L M. tJ~ CITY CLERK OF THE CITY OF ANAHEIM -3- . ...~..~...-..---~......~ .. ..,......:!:.. .~~.~...:--=....... .. .._._._._~. ~'~."a"~.,...,~"_""""",_,..""-""",,._.,,,, ._.__.._.....-.._..._......._ 3TrlTE OF CALIFOffi~IA COUNTY OF ORANGE SSe CITY OF ANAHEIM .-..... I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 71R-161 was passed and adopted at a -------- regular meeting of the City Council held on the 27th day of April , 19 71 , by the following vote of the members thereof: -- AYES: COUNCILMEN: Roth, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley and Dutton Pro-Tem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said resolution on the 27th day of April 19._7..1- · IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of April , 19 71 · ~#A!~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R~16l duly passed and adopted by the Anaheim City Council on April 27, 1971. 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