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64-396RESOLUTION NO~ 64R-396 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 IM- PROVEMENT~ TO WIT: THE IMPROVEMENT OF PORTIONS OF LEWIS STREET AND CERRITOS AVENUE, IN THE CITY OF ANAHEIM~ JOB NO~~34. 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 thc 16th and ~rd days of January , 19 64 , a notice inviting sealed proposals f~r furnishing the foi'~g: 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 Improvement of Lewis Street and Cerritos Avenue--Lewis Street from approximately 645 feet south of Cerritos Avenue to approxi- mately 1075 feet south of Cerritos Avenue, and Cerritos Avenue from approximately 1600 feet east of Los Angeles Street to approximately 1146 feet east of Los Angeles Street, in the City of Anaheim, consisting of excavation, including compacted embankment; construction of 4-inch and variable thickness A.C. pavement, including paint binder, weed killer and fog seal coat, P.C.C. curb and curb and gutter, 18, 54 and 57-inch Reinforced Concrete Pipe and 30-inch Corrugated Metal Pipe cul- vert, two catch basins, a manhole, an outlet structure, jacking of 57-inch Reinforced Concrete Pipe culvert; removal of irrigation line, curb and curb and gutter; adjustment of water valve box and manhole to grade; installation of paddle boards, culvert trench sheeting, and appurtenant work as more particu- larly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 834. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , 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 Po M. Ofn tic ~ anthee~eday of January , i9 6~, and which said o d declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on January 30__ , 19 64, at the hour of 2:00 o~clock Po Mo, 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, ~aterials and equipment, and all utilities and transportation, in- cluding power, fuel and water~ and performing all work necessary to construct and complete, in a good and worknnanlike manner, in strict accordance with the specifications, plans and drawings there- for 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 oublic, in the ~%ity Council Chamber in the City Hall, Anaheim, CalifOrnia, and the City Engineer did tabulate the result of said. sealed proposals and ~]id 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 4th day of February , 19 64___, at the hour of 1:30 o-~ P.M., honsider the sealed proposals submitted for furnishing the materials and performing 'the work herelnabove ~nore particularly described and set forth, and did there,~oon find and determine that the sealed p~.~oposal submitted by R E. AN~__R.W; CRANE.__~INC., 6059 Pearce, Lakewood. California_~____ for the construction, installation and completion of said_ i~prove~cnt of portions of _~et ~nd _C~i~' o~~Ayen~e, __Job No, 834, hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said for furnishing all plant, labor, ser- ~ices, 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 pub- lic 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 R.E. AND R.W. CRANE, INC. ~b.'~ich Said ~c~h~_~a~t'"w~~s duly made and entered into on the ..... 6th day of February____, 19 64 ; and i~HE~AS, the said. R.E. AND R.~,.....~CRANE, INC. --has furnished ~11 ~iant, 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 worl-~anlike manner, in strict accordance with the speci- fications, plans and drawings of said public improvement as specified in the notice inviting sealed propesals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Department , and the contract made and entered into Wi't, ___~t_____ by the City of Anaheim~ and P~?HEP~AS, the Director of Public Works has duly certified to the construction and comp%etion 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 ~ith said. R.E. AND R.W. CRANE, INC. ; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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 accordance with the contract documents. NOW~ ~.HEREFORE.~. BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, n~ati~ria!s and equipment and all utilities and transportation, and. the per.--. formance of all work necessary to construct:, install and in a good and workmanlike manner, in strict accordance with specifications, plans and drawings therefor o~ file in the Office of the City Clerk of the City of Anaheim~ together with the appurtenances tbereto~ said public improvement bereinabove more particularly described and set forth, in the City of Anaheim~ by said contractor, be, and the same are hereby accepted, subj~ct~ 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 tbirty~five (35) days from a~d 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 t'he pzovisions of ~aid contract and contract documents. That acceptance by the con~ t'ractor of said pasnnents made in accordance with. sai~d final estimate shall, operate and shall be a release to the City of A~aheim~ 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 of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as ~'.~:..qu~r~d by law. 3rd ATTEST THE FOREGOING RESOLUTION is approved and signed by ,~ne t:hi's day of June MAYOR-OF THE ..~ 0 '~/ =iN CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. DENE M. WILLIAMS , City Clerk of the City of Anaheim, do'hereby ~i--{~-~h~t t~regoihg resolution was intro- duced and adopted at a -- regular meeting provided by law of the City Council of the City of Anaheim~ held on the ~z.~ ..... day of Ju~e ~ 19 64 . AYES~ COIJNCILMEN~ Pebley, Dutton, $chutte, Krein and Chandler NOES" C OUNC' ILMEN ~ None ABSEN~: o~ COUNCILMEN~ None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 3rd day of June _ , 19 64 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd of June __, 19 64 day (SEAL) CITY CLERK OF THE CITY 0F-- NAHEIM