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78-617 .,.... - ..",.-.. RESOLUTION NO. 78R-6!7 A RESOLl/TIOd nF THE CITY COUi~CTL OF TilE CITY OF ANAHEH1 F IINALLY ACCEPTING THE r~m1PLETION AND THE FUR:;T!SI-HNG OF ALL PLANT LABOR, SER- VICES, HATEr.; liALS Aim EQUIPMENT i\.JD ^LL UTILI- TIES. AND TRAi:!:SPORTATI. ON INCLUD J i,l(; POWER, FUEL AND WATER, Ai THE PERFOlU1ANCE OF ALL WORK NECESSARY TO r,ONSTRUCT AND COMPLFTr: THE FOLLOW- ING PUBLIC H)'FWVEMENT. TO WIT: CERRITOS A VEiVE STREET & STORM DRAIN IMPROVE- MENT, E/O LE IS STREET AT THE A.T. & S.F. AND S .P.R.R. CRO~IN.. GS ,.IN. .THE . CITY OF ANAHEIM, ACCOUNT NO. 3-791-6325-1030. WHEREAS, the cause to be published priDted, pubJi~hed an wit: The Anaheim Bul t}:)e 5th nAy -a.f_.Ia ~'roposals or turn s ity Council of the City 0f Anahcic did in a newspaper of general circulati0n. circulated in the City of Anaheim, to etin, on the 29th day of December,. ---.l9.1L_and ,_~__, 1978 _, a notice inviting seared ng the following: All plant. labor, sprvices, materials and equipment, and all utilities andl transportation, including power, fuel and water, and petforming all work necessary to construct and complete in al good and workmanlike manner, in strict accordance with tpe specifications. plans'and drawings therefor nn file In the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement. to wJt: Cerritos Avenue SF.eet and storm drain improvement, E/o Lewis S.treet at t e A.T. & S.F. and S.P.R.R. Crossings, in the City of An . eim, consisting of c~earing and grubbing 1 excavat on1 placement of import borrow: con- struction of P.C. . curb, gutter, sidewalk and drive approach; constru~tion of asphalt concrete; construction of a hand rail; c~nstruction of a catch basin, manhole, and storm drain, ~. d all appurtenant work as shown on the plans and del neated in the specifications on file in the Office of . e City Engineer, Account No. 13-791-632~-1030, .,~. in accordance with th designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice invit1 g sea e proposals. whTch- said notice ---' -1- ATTY-40 ,... - /,...~, specified that sealed proposals as specified in said notice would be received up unti 1 2' 00 0' clock p, H. of the J.9Jh. day of January. ,19~, and which said notice ~ state and declare th~t, pursuant to the provisions of Section l770 of the Labor Co~e, 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 state that the prevailing hourly wa~e scale so ascertained was on file in the Office of the City C~erk; and WlIEREAS. on. January 19 , 19~, at the. hour of 2; 00 0' clock P. MI., the City Clerk and t1)e C1ty Engineer of the City of Anahe~m did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equip~nt. and all utilities and transportation, including power. fue~ and water. and performing all work necessary to construct and complete. in a good and workmanlike manner, in strict accordance wi~h the specifications, plans and drawings therefor on file in ~he Office of the City Clerk of the City of Anaheim, the public ~mprovement hereinabove more particularly described and set fo~th, in public, in the City Council Chamber in the City Hall. An~heim, California, and the City Engineer did tabulate the result pf said sealed proposals and did make a report to the City Council at its next _ _ _ regular meeting; and WHE~S thew' City Council of the City of Anaheim did, at its HiIQ~x~~'iiii .. 2"regular meeting, held on the ,31 Rt day of J~nI1~)t .: 9 -.1.L, at the hour of 1: 'iO 0 clock P. M. , consl er te sealed proposaIs submitted for furnishing the materials and perfor~ing the work hereinabove more particularly described and set fo~th. and did thereupon find and determine that the sealed proppsal submitted by GRIFFITH COMPANY, Post ----. - or t e construction!. insta lation an completion 0 said ~~~~;:;9~::;~~~~~~~:~ ~~~.~~~~mc~~~;~n~::r~~~;e~;'A~~~e~::i~c~~~~t ere~nabove ment~oned and described; was the lbwest responsible proposal submitted there- for, and thereupon a~cepted said bid and did award a contract to said contractor fpr furnishing all plant. labor, services, materials and equip~nt 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 man- ner. in strict accor~ance with the specifications, plans and drawings, the said pUblic improvement as specified in said notice inviting seal~d 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 said contractor, which said contract was duly made and entered into on the 10th day of February , 19~; and WHEREAS. the: said contractor has furnished all plant. labor. services. mat~rials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in ATT-43 l"llge 2 of 3 Pages ,.... - c/--' strict accordance wiuh the specifications, plans and drawings of said public impro~ement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings and specifications p~epared by the Public Works De~artment . , and the contract ma e and entered into with sa~d contractor by the City of Anaheim; and WHEREAS, the. Director of Public Wor~s has duly certified to! the construction and completion of said public improvement h~einabove mentioned and described, in accordance with the ~lans and specifications and the contract documents duly made abd entered into with said contractor; and wtIEREAS, the ~ity Council finds that said contractor has completed said pQblic improvement hereinabove more particu- larly described in a~ordance with the provisions of the con- tract and the contraclt documents, and that notice of completion should be filed and ~yment of the balance due said contractor authorized in accord~ce with the contract documents. ,...'.........., NOW, THEREFO~, BE IT RESOLVED by the ~ity Council of the City of Anaheim that all plant, labor, services, materials and equipment and all) utilities and transportation, and the per- formance of all work hecessary to construct, install and com- plete in a good and wprkmanlike manner, in strict accordance with the specificatiops, plans and drawings therefor on file in the Office of the Cit& Clerk of the City of Anaheim, together with the appurtenance~ thereto, said public improvement herein- above more particula~y described and set forth, in the City of Anaheim, by said cont~actor, be, and the same are hereby accepted, subject, nevertheless!, to all the terms, conditions and provi- sions of the contract, documents, and that the balance due said contractor for said wPrk be paid to said contractor thirty-five (35) days from and af~er final acceptance of said work as evi- dence by the adoption of this resolution, but not sooner than thirty (30) days afte~ the date of the filing of notice of com- pletion, excepting 0~1y such sum or sums as may lawfully be withheld in accordanc~ with the provisions of said contract and contract document~. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be ~ release to the City of Anaheim, its offi- cers, agents and employees from all claims and liabilities due the contractor for an&thing 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 Cit~ of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. -3- ~ - THE FOREGPING RESOLUTION is approved and adopted by the City Counci11 of the City of Anaheim this 19th day of September 1917 8 . '- ,~ ATTEST: C~~~~A1WtE~ /fm ....-..., (' ...-... STATE OF ~lUUA ) COUI1'tt:~;OFomGl~ ' ) crn ~ AltABEIM ) , n.ll I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby certify that the foregoing Resolution No.! 78R-617 was introduced and adopted at a regular meetina provided by law, of ~pe City Council of the City of Anaheim held on the 19th day of September, lP18, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: O~erholt, ~ood, Kott,' Roth and Seymour NOES: COUNCIL MEMBERS: Nbne ABSENT: COUNCIL MEMBERS: Nf:>ne AND I FURTHER CERTIFY that t~e Mayor of the City of Anaheim signed said Resolution No. 78R-617 on th~ 19th day of September, 1978. IN WITlESS WHEREOF, I have h~reunto set my hand and affixed the seal of the City of Anaheim this 19th da~ of September, 1978. ~.J.&~ CITY E OF 'mE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clprk of the City of Anaheim, do hereby certify that the foregoing is the originalL of Resolution No. 78R-617 duly passed and adopted by the Anaheim City Council pn September 19, 1978. ~~.)~~d:U " CITY CLERK b.., 1 ) I