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63-0769RESOLUTION NO. 63R 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 ROMNEYA DRIVE- CHERRY WAY STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, 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 the 13th and 20th da s of June 1963 19 a notice inviting sealed proposals or urnis ing the foliow 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 Romneya Drive Cherry Way Street Improvement, in the City of Anaheim, consisting of the improvement of Romneya Drive from approximately 142 feet east of Cherry Way to approximately 150 feet west of Cherry Way, and the improvement of Cherry Way from approximately 390 feet south of Romneya Drive to Romneya Drive, by excavation, construction of 4 -inch and variable thickness A.C. pavement over weed killer, in- cluding paint binder, construction of Type "B" and "C" curb, side- walk, driveways, cross gutter and spandrel; adjusting manholes and water valve to grade; relocation of street sign; clearance of right of way, 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, Job No. 767. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment 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 o'clock P. M. of the 27th day of June 19 63 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 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 27 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 tr:e City of Anaheim did, at its next regular meeting, held on the 2nd day of July 19 663 at the hour of 3:00 ofc1ock Po 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 GRIFFITH COMPANY, 611 South Shatto Place Los An -eles California for the construction, installation and completion of said Romneya Drive Cherry Wav Street Improvement, Job No. 767, 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 611South Shatto Place, Los Angeles, California 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 GRIFFITH COMPANY which said contract was duly made and entered into on the 5th day of Tu1 y 9 19 63 and WHEREAS, the said GRIFFITH COMPANY 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 speLlications prepared by the Public Works Department and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Public Works has 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 GRIFFITH COMPANY 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 nce with the contract documents, and 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 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 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 Cler 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 24th day of September ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 19 DENE M. WILLIAMS (SEAL) NOES: COUNCILMEN= None City Clerk of the City of Anaheim do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim held on the 24th day of September 9 19633 by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte and Coons ABSENT: COUNCILMEN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 24th day of September 9 1963 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this24th day of SeprQmher 9 19 -3m