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58R-4423 .-. ~ RESOLUTI ON NO. 4423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF RA.LL ROAD, FROM LF.MON STREET TO HARBOR BOULEVARD, JOB NO. 1~7. 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 1st and 8th days of November , 19~, a notice inviting sealed proposals for furnishing the following: 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 accord- ance with the specifications, plans and drawings therefor on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: The Im- provement of Ball Road, from Lemon Street to Harbor Boulevard, by excavation, paving with 4-inches of plant-mix surfacing, adjusting exist- ing manholes to grade and appurtenant work, as indicated on the plans, Job No. 157, ~- in accordance with the designs, plans, prOfiles and speoifica- tions prepared by Geor~e E. Holyoke. City Eniineer and the notioe inviting sealed p~oposa1s, which said notice speci- tied that sealed proposals as specified in said notioe would be received up until 2:00 o'clock P.M. of the 14th day of November , 19-51-, 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 asoertained the prevailing rate of wages for each type of labor needed to exe- oute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on November lq , 19...5.1-, at the hour of o'clock P.M., the City Olerk and City Engineer of the 2:00 -1- -, 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 necessary to con- struct 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 particularly desoribed and set forth, in publio, in the City Counoil 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 Counoil at its next ad iourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adjourned. regular meeting, held on the 19th day of November ,19..51.-, at the hour of 7:00 o'clock P.H., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by GRIFFITH COMPANY, 1060 S. Broadway, Los Angeles 15. California for the construction, installation and completion of said TMPROVE- MENT OF BALL ROAD. FROM LEMON ST. TO HARBOR BLVD., JOB NO. 157 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, 10hO ~. ~~n.nY.7, Los An~eles lS. California for furnishing 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, the said pUblic improvement as speoified in said notice inviting sealed proposals, and did author- ize 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. 1060 S. Broadway, Los Angeles 15, CA1~~n~n~A which said contract was duly made and entered into on the 22nd day of November , 19-iL.; and , has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in striot aocordanoe with the specifications, plans, drawings, of said pUblic improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and speoifioations prepared by George E. Holyoke, City F.nginAA~ , and the oontract made and entered into with it by the City of Anaheim; and WHEREAS, the City EniineA'I' has dull oertified to the oonstruotion and oompletion of said publio improve- ment hereinabove mentioned and desoribed, in aocordanoe with the plans and speoifications and the contract documents duly made and entered into with said GRIFFITH COMPANY WHEREAS, the said GRIFFITH COMPANY ; and WHEREAS, the City Counoil finds that said oontractor has completed said pUblic improvement hereinabove more particularly de- soribed in aooordanoe with the provisions of the contraot and the oontraot documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in aooord- ance with the contract documents. -2- ,- NOW. THEREFORE, BE IT RESOLVED by the Oity Oouncil of the Oity of Anaheim that all plant, labor. services. materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions. plans and drawings therefor on file in the Office of the City Olerk of the City of Anaheim. together with the appurtenanoes thereto, said pUblic improvement hereinabove more particularly de- scribed 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 contraot doouments, and that the balance due said contractor for said work be paid to it thirty-five (35) days from and after final acceptanoe of said work as evidenoed by the adoption of this resolution. but not sooner than thirty (30) days after the date of the filing of notice of oom- pletion. excepting only such sum or sums as may lawfully be withheld in aooordance with the provisions of said contract and contract doouments. That acoeptanoe by the oontractor of said payments made in aooordanoe with said final estimate shall operate and shall be a release to the City of Anaheim. its offioers. agents and employees from all claims and liabilities due the contraotor for anything done or furnished or withheld or for anything relating to the work or any aot or negleot of the City. its offioers, agents and em- ployees. exoepting only claims against the City for any amounts withheld by the City at the time of suoh payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Olerk of the City of Anaheim be, and they are hereby authorized to execute and ~ile a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 18tb day of Mlil"Cn , 19-5.8...0 AJ'fST: ,{~--, hi /:J~;1'--U CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUITY OF ORANGE ) ss. CITY OF ANAHEIM ) I. DENE M. WILLIAMS . City Clerk of the Oity of Anaheim. do hereby certify that the foregoing resolution was intro- duced and adopted at an adjourned regular meeting provided by law of the City Counoil of the Oity of Anaheim9 held on the 18tb day of March 9 19~9 by the following vote: AYES: COUNOILMEN: Coons, Fry, Schutte and Wisser --- '\<v~ ~~o AND I FURTHER CERTIFY that the Mayor of the Oity of Anaheim approved and signed said resolution on the lR+'n day of March 9 19....sa... IN WITNESS WHEREOF. I have hereunto set my hand and affixed the offioial seal of the City of Anaheim this lR+'n day of March 9 19--5lL. /j ~ '7H. ~~._~/ OITY OLERK OF THE OITY OF AJlAHEIK -3- 10ES: COUlICILKEN: None. ABSENT: OOUNCILJlEN: Pearson ( SEAL )