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63-0136RESOLUTION NO. 63R 136 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF ANAHEIM ROAD, FROM LINDA VISTA STREET TO JEFFERSON STREET CITY OF ANAHEIM, JOB NO. 609a. T "B�'. tNT in accordance with tions prepared by and the notice in specified that sea be received up unt of June state and declare of the Labor Code, ascertained the pr needed to execute hourly wage scale 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 15th and 22nd d 196.2 a notice invitin g sealed proposals ays of June follow ng„ for furnishing the 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 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 Anaheim Road, from Linda Vista Street to Jefferson Street, in the City of Anaheim, consisting of excavation; construction of 1 -1/2 and 3 -inch A. C. pavement including the application of paint binder and prime coat, over 4 inches of aggregate base; construction of Portland Cement Concrete cross gutter; compacted embankment; adjusting manholes, water line access manholes and a water valve box to grade; installation of raised fibre traffic bars, 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. 609a, Unit "B the designs, plans, profiles and specifica the Public Works Department viting sealed proposals, which said notice led proposals as specified in said notice would it 2 :00 oaclock P. M. of the 28th day 19 62 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 June 28 19_g__, at the hour of 2:00 oeclock P. M., the City Clerk and City Engineer of 9 the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, 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 cularly described and set forth in punch Chamber in the City Hall, Anaheim; California, ,and th t 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 tie City of Anaheim did, at its next regular meeting, held on the day of 3rd owclock Po M•, T co n sider the sealed 2 pr o posalsi e submitted 3 for o 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 byFFITH COMPANY, All South Shatto Place, Los Angeles 5, California, for the construction, installation and completion of said Im_ provement of Anaheim Road, Job No. 609a, Unit B", hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said _GRIFFITH COMPANY 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 s Anaheim to execute a contract for and on behalf of the City of Anaheim with GRIFFITH COMPANY which said contract was duly made and entered into on the llth day of July 19 622 anL WHEREAS, the said GRIFFITH COMPANY 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 speol,.cations prepared by the Public Works Department and the contract made and entered into with it 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 GRIFFITH COMPANY 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- ance 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 ssl3 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 Cler1 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 19th day of Februar, AT CLERK OFD ;idliY OF ANAHED( -3- STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM I9 DENE M. WILLIAMS OR OF THE CI OF ANAHEIM of Anaheim do hereby certify that the fo ®wasty introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim held on the 19th day of February- 9 19 by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN; None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 19th day of Fpbr»ary ,9 19 IN affixed theofffic l seeaalEof»t have of February 9 1963 day CIIrdLEt THE CITY OF� IM