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63-0871RESOLUTION NO. 63R- 871 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: A POLICE FACILITIES BUILDING OF CONCRETE AND MASONRY, AT HARBOR BOULEVARD AND SANTA ANA STREET IN THE CITY OF ANAHEIM, WORK ORDER NO. 4600, AND A CONCRETE FRAME AND MASONRY, TWO -STORY AND BASEMENT CENTRAL LIBRARY BUILDING, AT BROADWAY AND HARBOR BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 4501, WITH ALTERNATES #1 AND #3, AS A COMBINED PROJECT. 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 8th and 15th days of March, 1962, a notice inviting 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: A Police Facilities Building of concrete and masonry, located at Harbor Boulevard and Santa Ana Street, Anaheim, California, including mechanical, air conditioning and electrical work, jail equipment, site improvements, paving, sidewalks, exterior lighting, and all appurtenances as more particularly set forth in the plans and specifications prepared by Smith, Powell Morgridge, Architects, on file in the Office of the City Clerk or City Engineer, Work Order No. 4600, and a concrete frame and masonry, two -story and basement Central Library Building, located at the Southwest corner of Broadway and Harbor Boulevard, in the City of Anaheim, including heating, ventilating and air conditioning, integrated ceiling, elevators, electrical work, plumbing and drainage, landscaping, asphalt paving, and all appurtenances as more particularly set forth in the plans and specifications prepared by Joe Jordan and Associates, Architects, on file in the Office of the City Clerk or City Engineer, Work Order No. 4501, as a combined project. in accordance with the designs, plans, profiles and specifica- tions prepared by Smith, Powell Morgridge, Architects, Work Order No. 4600, and Joe Jordan Associates, Architects, Work Order No. 4501, 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 5th day of April, 1962, 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 -1- ascertained the prevailing rate of wages for each type of labor needed to execute said contract and that said hourly wage scales so ascertained were published in the Notice Inviting Bids for the Police Facilities Building in the Anaheim Bulletin on March 8th and March 15th, 1962, and in the Notice Inviting Bids for the Central Library Building in the Anaheim Bulletin on March 1st and March 8th, 1962; and WHEREAS, on April 5, 1962, at the hour of 2:00 o'clock P.M., 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 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 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 WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 10th day of April, 1962, at the hour of 3:00 o clock 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 WM. D. GRESCHNER CO., 1126 -A East 17th Street, Santa Ana, California, for the construction, installation and completion of said Police Facilities Building, Work Order No. 4600, and said Central Library Building, Work Order No. 4501, with Alternates #1 and #3, as a combined project, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said WM. D. GRESCHNER CO. for furnishing 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, the said public improve- ment 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 WM. D. GRESCHNER CO., which said contract was duly made and entered into on the 13th day of April, 1962; and WHEREAS, the said WM. D. GRESCHNER CO. has furnished all plant, labor, services, materials and equipment and all utilities and transportation, 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 inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by Smith, Powell Morgridge, Architects, Work Order No. 4600, and Joe Jordan Associates, Architects, Work Order No. 4501, and the contract made and entered into with it by the City of Anaheim except -2- certain minor items of finish work as contained in a list prepared by the respective architects and the Project Inspector and presented to said contractor, such items having no bearing upon the general utility and useability of the structures; and WHEREAS, the Director of Public Works has duly certi- fied to the construction and completion 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 WM. D. GRESCHNER CO., except for the items heretofore set forth; and 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,except as to the items heretofore set forth, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents, retaining only the necessary amounts to guarantee completion of the pick -up and finishing items. 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 accord- ance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with appurtenances thereto, except as to said minor items as hereinbefore set forth, 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 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 acceptance 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 any amounts with- held 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 FORE130IN• RESOLUTION is approved and signed by me this 5th____ day of November 19 63 STATE OF CALIFORNIA COUNTY OF ORANGE $s, CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution. was passed and adopted at a regular meeting of the City Council held on the 5th day of November 1961 by the following vote of the members thereof AYES COUNCILMEN Dutton, Chandler, Schutte, Krein and Coons NOES COUNCILMEN None ABSENT COUNCILMEN None (SEA AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 5th day of November 1963. IN WITNESS WHEREOF, have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of November 1963 LERK OF THE CITY OnINAHEIM olg -dike R OF THE IT ANAEEI