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1960-5874RESOLUTION NO. 5874 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT IMPROVEMENT OF THE INTERSECTION AT BROOKHURST STREET AND STONYBROOK DRE. JOB NO. 8 -1- 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 Gazette 9 on Nove b_er 12 and 1 19 59 9 a notice invitfng sealed proposs.s or urn s ng e fo owing: 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: Improvement of the intersection at Brookhurst Ltreet and =tonybrook Drive, partly in the City of Anaheim and partly in the County of Orange, con sisting of the removal of existing plant-mix surfacing; clearing of construction area and all necessary haulaway and disposal; removal of curb and gutters; all necessary earth fill, including import and placement; construction of concrete curb and gutter, Type "B construction of concrete curb, Type "C construction of concrete cross gutter; construction of 3 -inch plant -mix sur- facing; construction of 6 -inch untreated rock base; construction of concrete sidewalk; adjusting existing manhole to grade; and appurtenant work as indicated on the plans, Job lo. 489; in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. Piersall, City Engineer 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 3rd day of December 9 9 and which said noti did state an dec are 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 December 3 1 959 9 at the hour of 2:00 ouclock P.M., the City Clerk and C ity Engineer of 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 7:0 MMI day of T�e cerrbe 1 9 ;9 a t the hour of fur ovclock POMO» consider the 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 GRIFFITH v, S L.s An' :1-s 1' California or the construction i at on an comp e on o sa IMPROVE- RS CT AT BROOKHURST ST. 4E STONYBROOK DR. 0B NO. 4 nabove mentioned and described was the owest responffii' b 1e proposal submitted therefor and thereupon accepted said bid and did award a contract to said GRIFFITH COMPANY 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 1�r day of December 199; and WHEREAS the said GRIFFITH COMPANY has furnished all plant labor, 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 designs,plans profiles drawings and specifications pre- pared by T_ o NiersallCit Engineer and the contract ma•e and entere• n o w it y he City of Anaheim; and WHEREAS the City Engineer 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 COTti7 ANY 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- 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, taxtkomilitymeezinabsimi 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 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 is approved and signed by me this 8th day of March 1960 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM 1.9 DENE M. WILLIAM (SEAL) C OF THE CITY OF ANAHEIM 9 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 of Anaheim, held on the 8th day of March 9 1960 9 by the following vote: AYES: COUNCILMEN: Coons, Fry, Pearson, 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 8th day of March 9 19Q, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of March 9 1960 CLERK OF THE CITY OF ANAHEIM