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1960-5811RESOLUTION N0, 5811 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:: THE IMPROVEMENT OF BALL ROAD, FROM STANTON AVENUE TO 2,000 FEET WEST OF STANTON AVENUE, PROJECT NO. 69. 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 September 10th and 17th 1959 9 a notice inviting sealed proposals for furnishing the 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 on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: The Improvement of Ball Road, from Stanton Avenue to 2,000 feet West of Stanton Avenue, by excavation, construction of 2, 3 and 4 -inch plant -nix surfacing, including paint binder and construction of 8 inches of untreated rock base, adjust- ment of existing manholes to grade and appurtenant work as indicated on the plans, Project No. 69; in accordance with the designs plans, profiles and specifica- tions prepared by Thornton E. Piersall l gg�� City En neer and the notice inviting sealed'proposals said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock P.M. of the 2l.th day of S emer 9 19 9 and which said notice did state and 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 September 21.E 9 19 at the hour of 2:00 o'clock P.Mo the City Clerk an ty Engineer of �l� 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 29th day of September 1959 at the hour of 77:;,00 ovclock P.M., consider the sealed proposals submitted oar 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 1060 South Broadway h os,An eles 15 California, or the construction installation and completion of said Improvement of Ball Road. Job No. 69. 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 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 1st day of October 19 59 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, designsa,plans, profiles, drawings and specifications pre- pared by Tho nton E. Piersall Cit En ineer and the contract ma •e an en ere into 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 COMPANY 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. -2- 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 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 9th day of February 1960 ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM 1 UET M. WILLIAMS 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 City of Anaheim held on the 9th day of February 1960 9 by the following vote: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. NOES: COUNCILMEN None. ABSENT: COUNCILMEN: None. AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of February 9 1910. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of PAhruary fl 19 60 0 -3-