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1962-0144RESOLUTION N0, 62R 144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, bERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE KNOTT AVENUE STREET IMPROVEMENT. THE CITY U. ANAHEIM. PROJECT NO. 96. 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 9 on Jttne 30 nd _July 7 19 61 a notice inviting sealed proposals for furnishing the foxing: 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 Knott Avenue Street Improvement, from Ball Road to the South City Limits, in the City of Anaheim, consisting of excavation, removal and haulaway, construction of 3 -inch A. C. pavement over 6 inches of Aggregate Base, Portland Cement Concrete curb, gutter, and cross- gutters, 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, Project No. 96. in accordance with the designs, plans, profiles and specifica- tions prepared by he Publ c Works Deppartmyrit and the notice invi 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 1 h day of 11 y 9 19/ 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 .1111y 13 9 19 j at the hour ?.Op o PeM.9 the City Clerk an ty Engineer of �lr 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, atki 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 tc 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 18th day of y 9 1 9, at the hour of o'clock cons e a sealed proposals submitted or 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 NORWALK ASPHALTIC -2- ere nabove mentioned and described, was he owest responsib e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said NORWALK ASPHALTIC CONCRETE, INC r f 211:18 Bloomfield, Santa Fe Springs, Californi3, or furnishing a 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 N$ "WiLK P T!N T which said contract was •u 'y ma •e an enters n o on day of July 19 61 and WHEREAS, the said NORWALK ASPyA1. IC CONCRETE, TNC_ has furnished all plant, la services, 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 detail, designA,plans, profiles, drawings and specifications pre- pared by 9 and the contract ma.e an. en ere. n o w 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 NORWALK ASPHALTIC CONCRETE, INC., 12 8 Bloomfield Santa Fe S•rin•s California 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. 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 romance 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 grin-lark as evidenc -d by the adoption of this resolution but not sooner than thirty (30) days after the date of the filing of notice of completion ex epting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract dooume ts0 That acceptance by the con- tractor of .;aid 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 uthorized to execute and file notice of completion of said work as required by law, THE FOREGOING RESOLUTION is appr ed and signed by me this 13th day of February 9 19 b2 0 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss0 CITY OF ANAHEIM 1 DEN of Anaheim do hereby certi introduced and adopted at a vided by law of the City Co 13th day of February (SEAL) AMS City Clerk of the City that the foregoing resolution was regular meeting pro un ci o t he ity of Anaheim held on the 9 19 6, by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte, NOES: COUNCILMEN:: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of February 9 19 620 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of February 9 19 62 :ITV LERK OF THE CITY OF AfilbEiM