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66-195 - RESOLUTION NO. 66R-195 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 j AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF PORTIONS OF LINCOLN AVENUE AND ROYAL OAK ROAD.. IN THE CITY OF ANAHEIM.. . JOB NO. ~04-UNIT 1. ~ WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, pr~nted, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 14th and 21st days of Octq~1965 , . , a notice inviting sealed pro- posa s or 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 ac- cordance with the specifications, plans and drawings there- for on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public im- provement, to wit: The Improvement of Lincoln Avenue from Villa Real to Royal Oak Road, and the improvement of Royal Oak Road from Lincoln Avenue to. approximately 1607 feet north of Lincoln Avenue, in the City of Anaheim, consist- ing of excavation, including compacted embankment, haula- way and disposal; construction of asphalt concrete pavement and aggregate base; adjustment of water valve boxes and manholes to grade, and appurtenant ,.ork as more parti- cularly set forth in the plans and specifica~ions on file in the Office of the City Clerk or City Engineer, Job No. 304-Unit 1. .- in accordance with the designs, plans, profiles and specifica- tions prepared by the ~blic Works DeDartment , 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 oBclock P.M. of the 28th day of October ,19 65 , 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 2:00 WHEREAS, on Octfber 28 , 19~, at the hour of o'clock P.M., the C ty Clerk and the-crty Engineer of 001- - - -... ............ .', i. .; ~ :.. .-' the City of Anaheim did open said sealed proposals received.up to that time for the f~m~shing of .,a11 plant, labor, services, materials and equipmen~'J. and all ut.ilitie.s and transportation, including power, fuel .~d water, ancJ.::'performing all work neces- sary to construct and co~p1ete, in1a'good and workmanlike manner, in strict accordance with the speci~ications, plans and drawings therefor on file in the Office of tbe City Clerk of the City of . Anaheim~ the public improvement hereinabove more particularly de- scribed and set forth, in public, in the City-;Counci1 Chamber in the City Hall, Anaheim, California, and the City Engineer did tab~late the result of said sealed proposals and did make a re- port to the City Council at its next regular meeting; and . - ' WHEREAS, the City Council of th8:1'City of Anaheim did, at its next --. regular meeting, ~~~,d .'on the 2nd day of BmlemhU , 19~, at the hour of ~:3-o . o Dc10ck P.M., con- SIaer the sea1ecrproposals submitted tOr furnlshing the materials 'and performing the work hereinabove more pa~ticularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by GRIFFITH COMPANY. 611 South. Shatto Pl.. ~s Angeles California for the construc- t on,. instailation and completion of said iDlDrovement of Lincoln v . and the r al Oak Roaa:- Job No. 304..Unit 1 .. . ~ . "~G~' one an, . . ..."escr e, was e lowest responsible proposil"s' .. :t!ted ther4'6J'..~. and thereupon accepted said bid and ~id award a contract to' said ~ . ~ ~ ~ant, labor, services, materials and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, plans and.drawings, the said public ~mprovement 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 con- tract for and on behalf of the City of Anaheim with --.GRIFFITH COMPANY . WIi1CD sard contract was duly made and entered in.to on the 5th day of November , 19 65 ; and . WHEREAS, the said GR.~' . has furn~ant, labor~. services, materials and equipment and' all utilities and transportation, and performing all work necessary for the construction and completion, in ~ 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 de- tailed designs, plans, drawings, and. specifications prepared by ~he Public ~ks D~tment " and the contract made and enterecllnto with it by the City of Anaheim; and WHEREAS, the DireCtOr of Public Works has duly certified to the construct on and completion of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said GR~FFITH COMPANY · and ' , .-. 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 contraf;:t documents, and that notice of completion should be filed and p_Yment 'of the balance due said contractor authorized in.accordance with the cont~act documents. . -2- - -. ..-.... ...-...... "~ NOW ~ tHEREFORE.. BE IT RESOLVED hy the City Council of the City of Anaheim that all plant, 1abor~ ~ervices, materials and equipment and all utilities ahd transportation, and the per- formance of all work necessary to construct, install and com- plete, in a good and workmanlike manner, in strict accordance with the sp~cifications, 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 par~icularly described and set forth, in the City of Anaheim, by saie contractor, be, and the same are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contr8~r documents, and that the balance due said contractor for said work :Je p~.dd t (J it thirty-five (35) days from and after fina.l acceptance of said ""Work as evidenced by the adoption of this rebo1urton, 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 accept- ance by the contractor 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 t.he contI"actor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of the City, its offic"ers, agents and e~p1oyees, excepting only claims against the City for amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the YiSyor 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 ls"{,f. THE "FOREGOING RESOLUTION is approved and signed by me 15th day of March , 19 66 . this ~ ATTEST: .=1. . ...... ... lo. ".. /. .' ~ . ' b1*'~buiK'''b1 tTd'"C~F~m~" ."'-- -3- .-.. - STATE OF CALIFmNIA ) CWNTY OF mANGE ) s s. CITY OF ANAHEIM ) ~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R-195 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 15th day of March, 1966, by the following vote of the members thereof. AYES. COUNCILMEN. Dutton, Pebley, Schutte, Chandler and Krein NOES. CClJNCI LMENI None ABSENT: CClJNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R-195 on the 15th day of March, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of March, 1966. '--, ./ ~V. ;-.. {,.:t >~~ /-{. ...;V~....~. CITY' 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. 66R-195 duly passed and adopted by the Anaheim City Council on March 15, 1966. . ...... tx~ )(. ";-"-. ..;/ -...d~..~ ~~J CITY CLERK ---....