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1973-555 RESOLUTION NO. 73R-555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND '\lATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:' THE LA PALMA AVENUE STREET IMPROVEMENT FROM WHITTIER STREET TO APPROXIMATELY 724 FEET EAST OF STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 648-A. 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 9th and 16th days of August , 19 73 , 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 La Palma Avenue street improvement from Whittier Street to approximately 724 feet east of State College Boulevard, in the City of Anaheim, consisting of clear- ing and grubbing; excavation; construction of P.C.C. curb and gutter, curb, cross gutter and spandrel, side- walk and driveway approach; construction of asphalt concrete over aggregate base and variable thickness asphalt concrete; 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. 648-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Dep'arT-m~t and the notice inviting sealed proposals, W 1ch said not~ce specified that sealed proposals as specified in said not1ce would be received up until 2:00 o'clock P.M. o~ the. 23rd day of August , 1973 , and which said not1ce d1d state and declare that, pursuant to the provisi~ns of Secti~n 1770 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~b9r needef -- to execute said contract, and did state that the preva1l1ng ~our y wage scale so ascertained was on file in the Office of the C1ty Clerk; and -1- - WHEREAS, on August 23 , 1973 ,,:it the hour of _ 2:00_ o'clock P.M, ,-the CIty Clerk and t.he CIty EngIneer of the C1 ty of Anahei m dl,d open sal.d sealed proposa is rece 1. ved J.p to that tIme for t"he furnishing of all plant, labor, serV,l ces. materials and equIpment, and all utILIties and transportat 1 or, , ~ncluding 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 SpeC1.flcations, plans and draw:i.ngs therefor on fl.le 1n the Office of the City Clerk of the Clt,y of Anaheim, the publ.ic ~mprovement herei"nabove more particuVu'.<y described and set fOIth, in public, in the City CouncIl Chamber in the City Hall, Anaheim, California, and the City Engl.neer dld tabulate the result of said sealed proposals and dId make a report to the City Council at its next - - - - - - - regular meetlng; and WHEREAS, the C~ty Councl.l of the City of Anaheim did, at its next - - - - - - - regular meetl.ng, held on the 28th day of August , 19~, at the hour of 1:30 0 clock 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 McGREW CONSTRUCTION COMPANY, INC., P. O. Box 10941, Santa Ana, Call.forn1a 92711 for the construction, l.nstallation and completion of said La Palma Ave. Street improvement from Whittier St. to a~prox. 724 ft. E. of s:t. COl.lege BlVd., Anahel.m, W. O. NO.648-Aherel.nabove mentIoned arid described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said McGREW CONSTRUCTION COMPANY, INC. for furnishl.ng all plant, labor, servl.ces, materials and equipment and all utilities and transpor- tation, lncluding 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 notJ.ce inviting sealed proposals, and did authorl.ze 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 McGREW CONSTRUCTION COMPANY, INC. which sald contract was duly made and entered l.nto on the 4th day of September, 19~; and WHE REAS, the said McgREW CON~T~UCTIO~ COMPANY1 INC. as furnl.s ed al plant, abor, serv~ces, materl.als 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 Public Wo~k~ Dep~rtmEnt , and the contract made and entered ~nto Wl.th it y the City of Anaheim; and <..-....,., WHEREAS, the ni rpl'""i-nr Q-F 'Pl1hA i I'"" wnfln:: , has duly certified to the constructl.on an comp et~on 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 McGREW CONSTRUCTION COMEAMY, INC. ; an~ -:2- ,,..,.-.. WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particll ... larly described in accordance with the prov1sions of the contr&cL and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor author~zed in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the C1ty 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 ..,,~ tb,. held by the City at the time of such payment. AND BE IT FURTHER RESOLVED tmat the NayOr and the C1ty 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 th1s 20th day of November, 1911-- ATTEST: ~~~ "RK 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-555 was passed and adopted at a regular meeting of the City Council held on the 20th day of November , 1973 , by the following vote of the members thereof: --- AYES: NOES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom And Dutton 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 , 19~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of November , 19--1.1.-. ~M~ CI Y CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-555 duly passed and adopted by the Anaheim City Council on November 20, 1973. L )n.~ CityClerk ~,'"