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72R-378 RESOLUTION NO. 72R-378 ,----', 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: THE PACIFICO AVENUE-LEWIS STREET STREET AND STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 638-A and 639-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 March 23rd and March 30th , 19 72 , 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 Pacifico Avenue-Lewis Street street and storm drain improvement, Pacifico Avenue, from 977 feet east of to Anaheim Boulevard and Lewis Street, from 650 feet south of to 1250 feet south of Katella Avenue, in the City of Anaheim, consisting of clearing and grubbing; excavation; construction of P.C.C. curb, curb and gutter, cross gutter and spandrels; construction of asphalt concrete over aggregate base or asphalt concrete over native soil; install 18" and 33" R.C.P.; construct junction structure, manhole and catch basins; 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, Work Order Nos. 638-A and 639-B. in accordance with the designs, plans, profiles and specifica- tions prepared by the De~artment of Pub\tp Work~ , ' and the notice inviting sea ed proposals, w ~ch sa~d not1ce specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 6th day of April , 19 72 , 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 ascer- tained the prevailing rate of w':lges for each type of l~e;>r needed to execute said contract, and d~d state that the preva~l~ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- " "'''-''. WHEREAS, on ~fil 6 , 19 ~2 , at the hour of 2:00 o'clock P.M., the 1ty Clerk and t e 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, .1n 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 11th day of ~r11 , 19 72 , at the hour of 1:30 o'clock P.M., consi er 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, P.O. Box 10457, Santa Ana, California 92711 lor the construction, 1nstallat1on and completion of said Pacifico Avenue-eewis Street street and storm drain improvement, Work Order Nos. 638-A and 639-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, services, 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 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 Griffith Company Wh1Ch said 14th day of contract was duly made and entered into on the April , 19...1.:l:.-; and ~-'",.... WHEREAS, the said ~ith ~m~nv ~urn1s e all plant, 1abor, 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 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 the Depar~nt of Public Works , and the contract me e and entered 1nto with 1t by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of sa~d 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 particu- larly 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 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 evid~nced 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 withhe14 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 with- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED bbat 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 FOREGOING RESOLUTION is approved and signed by me 29th day of Auqust , 19 ~ this ATTEST: ~~F~~AHEIM '.~-"" -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, ~ do hereby certify that the foregoing Resolution No. 72R-378 was passed and adopted at a regular meeting of the City Council held on the 29th day of August , 1972 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thorn and Dutton COUNCILMEN: None NOES: ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of August , 19~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of Aug." .1972 . ~~.j)~ CIT CLE OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-378 duly passed and adopted by the Anaheim City Council on August 29, 1972. ~ht.>>~ City Clerk _. 0.' I