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66-018 .....-... RESOLUTION NO. 66R-IB A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL lABOR AND MATERIAL. TO INSTALL STREET LIGHTING IN TRACT - NO. 2451, IN THE CITY OF ANAHEIM, JOB NO. 961. WHEREAS, the City Council of the City of Anaheim did find and determine that public convenience and necessity re- quired the construction and completion of a public improvement in the City of Anaheim, to wit: Furnish all labor and material necessary to install 4 dead end standards, in Tract No. 2451, in the City of Anaheim, per City of Anaheim design No. 730, or equal, and appurtenant work as per plans and specifica- tions, Job No. 961. .';0\ *. AND WHEREAS, the City Council did further find that the contractor, in the furnishing of all labor and all tools, equipment, apparatus, facilities, plant, services and materials necessary to install said street lighting in Tract No. 2451 would be subject to the provisions of Section 1775, Sections 1810 to 1817, and Sections 1850 to 1854, inclusive, of the Labor Code of California, and all other provisions of said Code relating to the performance of said work, and would be required to ~ay to every laborer or mechanic employed by it in the performance of said work not less than the per diem rate of wages for legal holidays and overtime work theretofore establish- ed; and .-- WHEREAS, the City Council did meet in regular session on the 7th daI of September, 1965 at 1:30 o'clock P.M. to con- sider proposa s submitted for furnishing all labor and perform- ing the work hereinabove more particularly described, and the Council did find and determine that the offer of E. D. JOHNSON AND COMPANY, P.O. Box 29, Anaheim, California, was the lowest obtainable for the furnishing of all labor and material to install and complete said public improvement to wit: Furnish all labor and material necessary to install 4 dead end standards, in Tract No. 2451, in the City of Anaheim, per City of Anaheim design No. 730, or equal, and appurtenant work as per plans and .specifications, Job No. 961, and thereupon accepted said offer and did award a contract to said E. D. JOHNSON AND COMPANY for furnishing all tools, equipment, apparatus, facilities, plant, labor, services, and materials, and all utilities and trans- portation, including power, fuel and water, and performing all work necessary to install, construct and complete, in a good and workmanlike manner, said public improvement and work herein- above mentioned and described, together with the appurtenances thereto, in strict accordance with the plans and specifications prepared by the Public Works Department. That said contract was duly made and entered into on the 30th day of September, 1965; and WHEREAS, said E. D. JOHNSON AND COMPANY has furnished all tools, equipment, apparatus, facilities, plant, labor, ser- vices and materials, and all utilities and transportation, and -1- - - .-..... '1.' ~" .-.. - performed all work necessary for the construction, installation and completion, in a good and workmanlike manner, of said public improvement, in strict accordance with the specifications, plans and drawings prepared by the Public Works Department, and in accordance with the contract made and entered into with it by the City o.f Anaheim; and WHEREAS, the Director of Public Works of the City of Anaheim has duly certified to the construction, installation and completion of said street lighting in Tract No. 2451, here- inabove more particularly described, in accordance with the plans and specifications and the contract documents duly made and entered into with said E. D. JOHNSON AND COMPANY; and WHEREAS, the City Council finds that said contractor has completed the installation of said street lighting, herein- above more particularly described, in accordance with the pro- visions of the contract and the contr~t documents, and that a notice of completion should be filed and payment of the balance due said contractor under Job No. 961 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 complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the Director of Public Works of the City of Anaheim, together with the appurtenances thereto, said public improvement hereinabove more particularly described and set forth, Job No. 961, in the City of Anaheim, by said contractor, bel and the same are hereby accepted, subject nevertheless to a1 the terms, conditions and provisions of the contract docu- ments, 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 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 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. TIlE FOREGOING RESOLUTION is approved and signed by me this 11th day of January, 19660V h. J I ,,'~~----<<..-a~~~ ~ YO CI'rt"'OF~ ATTEST: ~i~~lK -2- - - 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 Resolut'ion No. 66R-18 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 11th day of January, 1966,_ by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley and Krein NOES: COUNCILMEN:' None ABSENT: COUNCILMEN: Schutte and Chandler _, AND I FURTHER CER:rIFY that 1:he Mayor of the City of Anaheim approved and signed said ResolutIon No. 66R-18 on the 11th.. day of January, ~966. IN WITNESS WHEREOF, I have hereunto set my. hand and affixed the official seal of the City of Anaheim this 11th day of January, 1966. (-. . . .~~. ~ -..-.. . . ~ ) -~.. ~.............-' CI Y CLERK OF THE CITY Of ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk . of-. the City of Anaheim, do he~eby certify that the foregoing is the original of Resolution No. 66R-18 duly passed and adopted by the Anaheim.City Council on January 11 s .1966. .il . ,'-,' hr. ~. _/". -.... ,,~ CITY CLERK -..,