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1973-556 RESOLUTION NO. 73R- ')')6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, ~~TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND \vATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:" THE STATE COLLEGE BOULEVARD STREET IMPROVEMENT FROM APPROXIMATELY 375 FEET SOUTH OF TO APPROX- IMATELY 683 FEET SOUTH OF ORANGETHORPE AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 696-B. 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 9th and 16~h na~~ nT Au~ust , 19~, a notice invi~1ng sealed proposals for furn1shing the fOIIOWing: 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 State College Boulevard street improvement from approx- imately 375 feet south of to approximately 683 feet south of Orangethorpe Avenue, in the City of Anaheim, consisting of clearing and grubbing; excavation; construction of P.C.C. curb and gutter and sidewalk; construction of asphalt concrete over aggregate base; construction of a catch basin and 18" R.C.P. lateral; and. appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 696-B. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works D and the notice inv1ting sea ed proposals, W 1C sa1d not1ce specified that sealed proposals as specified in said notice would be received up until 2:UO o'clock ~.M. o~ the. '1~n day of August 19 73 , and which sa1d not1ce d1d state and declare that, ~ursuant to the provisi~ns of secti~n 1170 of t~e Labor Code the City Council of the C1ty of Anahe1m had ascer tained the' prevailing rate of wages for each type of l~bor n~ede~ to execute said contract, and did state that the preva1ling .our Y wage scale so ascertained was on file in the Office of the C1ty Clerk; and -1- - WHEREAS, on August 23 , 19 73 , ':it the hour of _2:00 _ o'clock P.M., ,-the CIty Clerk and t,he C"lt".y EngIneer of the CIty of Anaheim dl.d open sa1.d sealed proposals rece"lved Jp to that tlme for t.he furnishing of all plant, labor, serv.l ces . materials and equIpment, and all utIl1 ties and transportat lor, , including power, fuel and water, and performing all work neces- sary to construct and complete, ,1.n a good and workmanlike manner, In strict accordance wIth the spec'lf.lcations, plans and dra~lLngs therefor on f~le :tn the Office of the City Clerk of the Clty of Anahe~m, the public .tmprovement herel.nabove more particuVlr;:y described and set forth, in public, in the CIty CouncIl Chamber .in the City Hall, Anaheim, California, and the City Engl.neer d'i:d tabulate the result of said sealed proposals and did make a report to the Ci ty Council at its next - - - - - - regular meetl.ng; and WHEREAS, the C.lty Council of the City of Anaheim did, at its next - - - - - - - regular meet~ng, held on the 28th day of -August, 1973 , at the hour of 1:30 oclock 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, 16861 Construc- tion Way West, Santa Ana, California 92711 for the construction, l.nstallation and completion of said St. College Blvd. street improvement from approx. 375 ft. S of to approx. 683 ft. ~.. of oran<;{ethorpe Ave., Anaheim W.0.696-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 furnish1ng all plant, labor, serv~ces, materials and equipment and all utilities and transpor- tation, including power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordanc::e with the specifications, plans and drawings, the said public improvement as specified in said not~ce 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 GRIFFITH COMPANY wh1.ch sa.ld day of contract was duly made and entered into on the September, 1911--; and 5th ~RIFrITH ~MPANY as urnis ed all plant, labor, serVIces, materIals and equipment and all utilities and trans- portation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in str~ct 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 the Public Works Department , and the contract made and entered Into w1th it by the City of Anaheim; and WHEREAS, the said - WHEREAS, the Director of Public Works has duly certified to the construction and completion of sa1d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said GRIFFITH COMPANY ; and -2- - WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particll'" 1ar1y described in accordance with the prov1sions of the contracL and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor author~zed 1n 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 transportation, and the performance of all work necessary to construct, install and com- plete, 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 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 con- tractor 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 accord,. ance 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 em- ployees, excepting only claims against the City for amounts \,'1 U:le. held by the City at the time of such payment. AND BE IT FURTHER RESOLVED bhat the Mayor and the C~ty 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 FOREGOING RESOLUTION is approved and signed by me 20th day of November, 1911--. thIS ATTEST~ .>>~ OF THE CITY OF ANAHEIM ~~ -3- - - .- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-556 was passed and adopted at a regular meeting of the City Council held on the 20th day of November , 19 73 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton 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 20th day of November , 1911- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of November , 19--.-..1l. ~ht.~ CITY CLERK OF THE CITY OF ANAHEIM (S.EAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-556 duly passed and adopted by the Anaheim City Council on November 20, 1973 ~ hLJ~ City Clerk .-