1968-047RESOLUTION NO. 68R- 47
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. 2309,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 1147.
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.
2309, in the City of Anaheim, per City of
Anaheim design No. 730, or, equal, and appur-
tenant work as per plans and specifications,
Work Order No. 1147.
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. 2309
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 pay to every laborer or mechanic employed by it in the per-
formance of said work not less than the per diem rate of wages
for legal holidays and overtime work theretofore established;
and
WHEREAS, the City Council did meet in regular session
on the 11th day of July, 1967 at 1:30 o'clock P. M. to consider
proposals submitted for furnishing all labor and performing the
work hereinabove more particularly described, and the Council
did find and determine that the offer of E. D. Johnson and
Company, P. 0. Box 29, Anaheim, California, was the lowest ob-
tainable 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. 2309, in the City of Anaheim, per City of Anaheim design
No. 730, or equal, and appurtenant work as per plans and speci-
fications, Work Order No. 1147, 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
transportation, 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 3rd day of August, 1967; 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
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
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and drawings prepared by the Public Works Department, and in
accordance with the contract made and entered into with it by
the City of 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. 2309, 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 contract documents, and that a
notice of completion should be filed and payment of the balance
due said contractor under Work Order No. 1147 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, Work Order No. 1147, in the City of Anaheim, by said con-
tractor, be, and the same are hereby accepted, subject never-
theless to all the terms, conditions and provisions of the con-
tract documents, 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 accep-
tance 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 23rd day of January, 1968.
ATTEST:
CIT CLERK OF THE CITY OF ANAHEIM
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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. 68R -47 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim, held on the 23rd day of January, 1968, 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. 68R -47 on the 23rd day of
January, 1968.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 23rd day of January, 1968.
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
68R -47 duly passed and adopted by the Anaheim City Council on January
23, 1968.
AYES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Krein
7,
CIT CLERK OF THE CITY OF ANAHEIM
City Clerk