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63-0161in accordance with tions prepared by and the notice inv specified that sea be received up unt of October state and declare of the Labor Code, ascertained the pr needed to execute hourly wage scale RESOLUTION NO 63R -161 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, MET_ AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF GREENACRE AVENUE FROM GILBERT STREET TO APPROXIMATELY 432 FEET EAS OF GILBERT STREET IN THE CITY OF ANAEIM JOB NO. 58 ®1 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 wits The Anaheim Bulletin, on October 4 and 11 9 19 62 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: The Improve- ment of Greenacre Avenue, from Gilbert Street to approximately 432 feet east of Gilbert Street, in the City of ,,Anaheim, consist- ing of excavation, removal of existing A.C. pavement, P.C.C. sidewalk, and. P.C.C. curb and gutter; construction of 3 and. 4 -inch A.C. pavement, including weed killer and paint binder; construc- tion of P.C.C. curb and gutter, P.C.C. curb, P.C.C. sidewalk and a P.C.C. cross gutter; relocation of existing chain link fence back stop, and sprinkler system, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 584; the designs, plans, profiles and specifica- the Public Works Department iting sealed proposals, which said notice led proposals as specified in said notice would it 2 :00 oVclock Po Mm of the 18th day 9 1962 and which said notice did that, pursuant to the provisions of Section 1770 the City Council of the City of Anaheim had evailing rate of wages for each type of labor said contract and did set forth the prevailing so ascertained; and WHEREAS, on October 18 1962 at the hour of 2:00 ofclock P. M., the City Clerk and 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 neces- sary 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 parti- cularly 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 xuext regular meeting; and WHEREAS, the City Council of t Le City of Anaheim did, at its xxxt regular meeting, held on the__ 0th day of Octo er 19 62 at the hour of _2;00 ooclock P. Ma consider the sealed proposals submitted for fur- nishing 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 ELECTRIC AND MACHINERY SERVICE, INC., 4610 Santa Ana Street, Cudahy, California, for the construction, installation and completion of said Improve- ment of Greenacre Avenue Job No. 584 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said ELECTRIC AND MACHINERY SERVICE INC., for furnishing all plant, labor, services, materials and equip- ment 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 improvement 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 ELECTRIC AND MACHINERY SERVICE, INC.,, which said contract was duly made and entered into on the 2nd day of November 19 62 any: WHEREAS, the said ELECTRIC AND MACHINERY SERVICE, INC. has furnished all plant, labor, ser- vices, 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, drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and speoil'ications prepared by the Public Works DepartmQnt and the contract made and entered into with 't by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said ELECTRIC A k -2- Y and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accord y oce 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 per- formance 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 City Clerk of the City of Anaheim together with the appurtenances thereto, said public improvement hereinabove 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 dErN7WErk 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 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 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 withheld by the City at the time of such payment AND BE IT FURTHER RESOLVED that the Mayor and the City Cler 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 a••roved and signed by me this 26th day of Februar STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM I, DEIE M. WILLIAMS 9 City Clerk of the City of Anaheim do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim, held on the 26th day of February 9 19 63 9 by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of February 1963 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of February 1963 o Gam_ CI CLERK OF THE CITY OF ANAHEIM (SEAL) NOES s COUNCILMEN:: None m3®