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64-194RESOLUTION NO. 64R-194 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 IM- PROVEMENT~ TO WIT: THE IMPROVEMENT OF KNOTT AVENUE, FROM LINCOLN AVENUE TO APPROXIMATELY 500 FEET SOUTH OF BALL ROAD, IN THE CITY OF , ANAHEIM, JOB NO. 4807~ . .. 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 20th and 27th daffs of June , 19 63 , a notice inviting sealed Proposal§ for'""'"furnishing the following: Ail 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 accord- ance 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: The Improvement of Knott Avenue, from Lincoln Avenue to approximately 500 feet south of Ball Road, in the City of Anaheim, consisting of excavate, on, including embankment and miscellaneous removal, construction of 2 and 3-inch, and variable thickness, A.C. pavement, including paint binder, prime coat, skin coat and fog seal coat, 6 inches of aggregate base; construction of Portland Cement Concrete drives, curb, curb and gutter and sidewalk; adjustment of manholes and water valve boxes to grade; relocation of storm drain inlet facilities, and appurtenant work as more particularly set forth in the plans and specifications on filc~ in the Office of the City Clerk or City Engineer, Job No. 4807. in accordance with the designs, plans, profiles and specifica- tions prepared by the th~blic Works Department , and the notice inviting Sealed propoSazs, '"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 3rd day of July , 19 63 , 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 ascertained the prevailing rate of wages for each type of labor needed to execute said contract and did set forth the prevailing hourly wage scale so ascertained; and of 2:00 WHEREAS, on July 3 , 19 63 , at the hour o'clock P. M., ...... the City Clerk and City Engineer of -1- 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 ali. utilities and transportation, in- c!uding power, fuel and water, and performing all work necessary to construct and complete, in a good and worl~nanlike manner, in s~rict accordance with the specifications, plans and drawings there- for 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 ~nd ~]id make a report to the City Council at ].ts next -- regular meeting; and WHEREAS~ the City Council of the City of Anaheim did, at its next -- regular meeting, held on the ~ day of July , 19 6~, at the hour of ... 3'00-O-r~]i P.M., 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 by GRIFFITH COMPANy~__~u~th Sh~to Los Angeles 5~ California - ~or the const~ru-c~tion, installation and. completion of said Improveme~nt_ of Knott Avant, e: from Lincoln Ave. to ~j21!r_ox_'_z. 500 f__t: ~qut__h~ of Ball Rd.. Job No. hereinabove {ne~-~{~ned an~ described.] was the lowest' respOnsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said GRIFFITH COMPANY for furnishing all plant, labor, ser- vices, 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, the said pub- lic improvement as specified in said notice inviting sealed proposals, and d. id authorize the Mayor and the City Clerk of the City of Anaheim to execute a contract for and. on behalf of the City of ;~aheim with Gi~%IFFITH COMPANY vzhich salad contract was ~6~-y made and entered into on the ~ day of ~ , 19 63 ; and WHEP~EAS, the said. GkIFFITH COMPANY has furnished ali plant, l~--~or, ser- vices, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and wor~nanlike manner, in strict accordance with the speci- ~ications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, p!ans~ drawings, and specifications prepared by the Public Works ~artment , and 'the contract made and entered into ~..~ith it by the City of Anaheim; and ~.~.EF~EAS, the Director of Public Works has duly certified to the construction and com~etion of said public improve- ment hereinabove mentioned and. described, in accordance with the plans and. specifications and the contract documents duly made and entered into with said. GRIFFITH COMPANY ; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payn~ent 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 t~ansportation~ and the per= formance of all work necessary to construct~ install and complete~ in a good ao.d 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 contractor for said work be paid to it thirtyofive (35) days from and after final acceptance of sa~rk as evidenced by the adoptio~ of this resolution~ but not soo~e~ than thirty (30) days aftem the date of the filing of notice of completion~ excepting only such sum or sums as may lawfully be withheld in accordance with the pmovisions of said contract and contract documents° That acceptance by the con= tractor 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 o~ fo~ anything relating to the work or any act or neglect of the City~ its officers~ age, ts and employees~ excepting only claims against the City for any amounts withheld by the City at the time of such paymento AND BE IT FURTHER RESOLVED that the Mayo~ 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 lawo THE FOREGOING RESOLUTION is approved and signed by me this ..... 24th ......day of ,, March ATTE~: . / OITt ~~ "O'F T~ CITY OF'~EI~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sso CITY OF ANAHEIM ) DENE M. WILLIAMS ..... ~ City Clerk of the City of Anaheim~ d~'hereby~ '~'-erti'[y" tha6' 'the-foregoing resolution was introduced and adopted at a -- regular meeting pro~ vided by law of the City CoCCi1 of"'~he' C{ty of Anaheim~ held on the .. ~24th . day of .... . ~,Lur~h.~ ~- ~, ~ 19_~ by the following vote: AYES COUNCILMEN~ Dutton, Chandler, Kreinand Coons NOES COUNCILMEN r. None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the _~ day of .... March ....... ~__.~ 19.__ 6:4_. ,,o IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this _2~ day of .,- March,, _ . _- ~ 19 6_~, o 'CITY CLEP~-O~-THE CITY OF ANAHEIM (SEAL)