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69R-749 RESOLUTION NO. 69R- 749 - 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 LA PALMA-B~OOKHURST STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 565-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 May 8th and May 15th, 1969 ,~x~, a notice inviting sealed proposals for furnishing the following: The La Palma-Brookhurst Street improvement, in La Palma Avenue from Brookhurst Street to approximately 300 feet west thereof, and in Brookhurst Street from approximately 614 feet North of La Palma Avenue to La Palma Avenue, consisting of excavation, fill, removal of concrete sidewalk, curb and gutter, channel and headwall; construc- tion of A.C. pavement over aggregate base; construction of P.C.C. curb and gutter, sidewalk, driveway approach, headwall and reinforced drainage box; relocation of traffic signal and adjustment to grade of traffic con- trol pad; relocation of freeway sign and installation of survey monument, and appurtenant work as more parti- cularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 565-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the De~artment of Public Works and the notice inviting sea ed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2: 00 0' clock P.M. of the 22nd day 'of May , 1969 , 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 wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- ..,-.,,,,,,,,,,,,,,,,,'---. .""""',,,,_.'~ - - WHEREAS, on May 22 , 19_69__, at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the Cfty 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, 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 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 27th day of May -=====;-19_69_, at the hour of 1:3~ o'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 GRIFFITH COMPANY~.O. BOX 395, COSTA MESA, CALIFORNIA 92627 for the construction, instarlation ana completion-or-said La-Palma Brookhurst Street ~mprEvemeE~4 in the City of Anahei~ork Order No. 565-A hereinabove mentioned ana-described, was-rhe-rowest responsibre proposal submitted therefor, and thereupon accepted said bid and did award a contract to said GRIFFITH COMPANY ----------- for furnfshing all plant, labor, services, materrari ana-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 CQ~NY which said contractwas duly-made - and-enteredinto -on the= 3RD _ day of JUNE , 19~_; and WHEREAS, the said GRIFFITH COMPANY has furnfshed all plant, labor, servICes; materiaIs-ana-equfpment 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 De~artment of Public Works , and the contract maae and enterea into wit~_ it___ by-the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the-constructfOn and completion of said 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 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 with- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED that 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 this _J.Qtb_ day of__Ile.c.embe.~___' 19 -6.9._. /;;-rQQK THE CITY OF ANAHEIM ATTEST: CJ ~~__ ~ERK OF THE CITY OF ANAHEIM -3- -, STATE OF CALIFORNIA COUNTY OF Ol\A1ilGE CI TY OF ANAHEIM ) ) ss. ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-749 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 30th day of December, 1969, by the following vote of the members thereof: AYES: COUNCIIJmN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILimN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-749 on the 30th day of Dec- ember, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of December, 1969. ~~.~ CI CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R-749 duly passed and adopted by the Anaheim City Council on Dec- ember 30, 1969, ~J;r~ City Clerk