71R-359
RESOLUTION NO. 71R-359
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:
MODIFYING, FURNISHING AND INSTALLING TRAFFIC
SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION
OF BALL ROAD &~D GILBERT STREET, IN THE CITY OF
ANAHEIM, WORK ORDER NO. S88-A.
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 April 22nd and
Apri 1 29 th , 19 71 , a not1ce 1nV1 t1ng 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
improvement, to wit:
Modifying, furnishing and installing traffic signals and
safety lighting at the intersection of Ball Road and Gilbert
Street, in the City of Anaheim. Modification to include
street, crossgutter removal; and appurtenant work on south-
east corner 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. S8a-A.
in accordance with the designs, plans, profil~s and specifica-
tions prepared by the Department of Publ1c 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 6th day of
May , 19 71 , 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 prevailinq rate of waqes for each type of labor needed
to execute said contract, and did state that the prevailinq hourly
waqe scale so ascertained was on file in the Office of the City
Clerk; and
-1-
-...
WHEREAS, on May 6 ,19 71 , at the hour of
o'clock PoM~, 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,
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
2:00
WHEREAS, the City Council of the City of Anaheim did,
at its next ,---------- regular meeting, held on the 11th
day of ~Q~ , 19 71 I at the hour of 1:30 o'clock
P.Mo1 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 b~ SMITH ELECTRIC SUPPLY, 10792 Knott
Avenue, Stanton, Californ1a 90bHO
for the construction, installation and completion of said traffic
signals & safety lighting, intersection of _.. Bal.! Rei. & Gilbert: ::it:.,
City of Anahe~, Worx oraer NO. ~88-A hereinabove mentioned
and described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said SMITH ELECTRIC SUPPLY
for furnishing all plant, labor,
services, materials and equipment and all utilities and transpor-
tation, 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 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
contract was duly made and entered into on the 20th day of
May , 19~; and
WHEREAS, the said SMITH ELECTRIC. SUPPLY
has furnished all plant, labor,
services, materials 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 specifications, plans and drawings of said
public improvement as specified in the notice' invitinq sealed
proposals and in the detailed designs, plans., drawings, and
specifications prepared by the Public Works Department
, and the contract made and entered into
with it by the City of Anaheim; and
WHEREAS, th~ Director of Public. Works
has duly certified to the construction and completion 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 with said . SMITH ELECTRIC SUPPLY
; and
-2-
.~...;.:....~ ....-.,...-.....:........-...r:
...,... .
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 herei~-
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 'hhat the l.1ayor and the City
Clerk of the City of Anaheim. be, and they are he~eby 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 10th day of August , 19..2l:....
~ ~ f)~
MA OF THE CITY OF ANAHEIM
ATTEST:
/-
IG d-t'-c.-4-1
OF THE CITY OF ANAHEIM
-3-
~
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 RESOLVE.D by the Ci ty 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 do~uments.
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 'b-ilat the r.likyor and the City
Clerk of the City of Anaheim be, and they are he~eby 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 10th day of August , 19-1.!.-.
~
THE CITY
ATTEST:
/-
I
I
C~-e'''....:.-r
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OP ORANGE ) ss .
CITY OF ANAHEIM )
~
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that t.he foregoing Resolut.ion No. 71R-359 was
passed and adopted at a regular meetinq of the City Council held
on the 10th day of Au,ust , 19 71 , by the following
vote of the members thereo : ---
AYES: COUNCILMEN: Roth, Stephenson, Pebley and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Thom
AND I FURTHER CERTIFY that t.he Mayor of the Cit.y of
Anaheim approved and signed said resolution on the 10th day of
August , 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed t.he seal of the City of Anaheim this 10th day of
August ,19..2L.
_ )-;~( [;a~V~_f-
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-359 duly
passed and adopted by the Anaheim City Council on August 10, 1971.
l
I .
L'"
/ .. . r"/",
.- ~ ~. -- - ~ \.
J':M~' ~r-'
City Clerk