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63-0894RESOLUTION NO. 63R 894 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 BROADWAY STREET IMPROVEMENT, FROM LOARA STREET TO APPROXIMATELY 991 FEET WEST OF LOARA STREET, IN THE CITY OF ANAHEIM, JOB NO. 4812. 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 23, and May 29 19 63 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 Broadway Street Improvement, from Loara Street to approximately 991 feet west of Loara Street, in the City of Anaheim, consisting of excavation, embankment, haulaway and disposal, construction of 2 and 4 inch A.C. pavement, including application of weed killer paint binder, skin coat and fog seal coat, construction of P.C.C. curb and gutter, curb, spandrel, sidewalk, driveways and retaining wall; relocation of outdoor play equipment, wood header and chain link fence, removal of P.C.C. sidewalk, drive- way and miscellaneous items, including haulaway and disposal, and appurtenant work as shown in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 4812. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works D part ent 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 P. M. of the bth day of Jun: 19 63 and which said notice did state and cf clare 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 execute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on June 6 19 63 at the hour of 2:00 o'clock P. M., the City Clerk and City Engineer of -1- 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, 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 parti- cularly 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 llth day of June 19 63 at the hour of 3 :00 ovclock P. M,, consider the sealed proposals submitted for fur- nishing 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 HERZ AMERICAN, A DIVISION OF AMERICAN ASPHALT PAVING COMPANY, for the construction, installation and completion of said Broadway Street Improvement, Job No. 4812, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said HERZ AMERICAN A DIV. OF AMER. ASPHALT PAVING CO. Box 191 2100 Baseline San Bernardino, a i ornia, for furnishing all plant, labor, services, materials and equip- ment 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 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 HERZ AMERICAN, A DIVISION OF AMERICAN ASPHALT PAVING CO. which said contract was duly made and entered into on the 14th day of June 19 63 and WHEREAS, the said HERZ AMERICAN, A DIVISION OF AMERICAN ASPHALT PAVING COMPANY, has furnished all plant, 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 workmanlike manner, in strict accordance with the specifications, plans, drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and spediircations prepared by the Public Works Department and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the nirPrtnr of Public Works hat duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said HERZ- AMERICAN, A DIVISION OF AMERICAN ASPHALT PAVING COMPANY and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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 accord- ance with the contract documents, -2- 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 per- formance of all work necessary to construct, install 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 together with the appurtenances thereto, said public improvement hereinabove 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 contractor for said work be paid to it thirty -five (35) days from and after final acceptance of slinrark 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 con- tractor of said payments made in accordance 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 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 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 s approved and signed by me this 12th day of November r•e!c.19 63 ATTEST: L( r ^l f`f c Q yr_ Ct C 0 THE CITY OF ANAHEIM t. 1 ''‘Iv.a STATE OF CALIFORNIA. COUNTY OF ORANGE as° CITY OF ANAHEIM 19 DENE M. WILLIAMS of Anaheim do hereby certify that the introduced and adopted at a PRO TEM 9 City Clerk of the City foregoing resolution was regular meeting pro- vided by law of the City Council o the ity of Anaheim, held on the 12th day of November 9 19 63 9 by the following vote: (SEAL) AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Coons Pro Ten AND I FURTHER CERTIFY that the Mayor /of the City of Anaheim approved and signed said resolution on the 12th day of November 9 19 63 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of November 9 19 63 0 CI m3® si CLERK OF THE CI OF ANAHEIM