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1960-5872RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMFLETION 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 CONSTRUCTION 0 2 A. STORM DRAIN IN BALL POAD AT HAMPSTEAD STREET JOB NO 86. 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 on November 5 and 12 1960 a no ce nvitIng sealed propose s or furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transrorta Lion, i_ncludin_ power, fuel and water, and perform in 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: construction of e storm drain in Ball Road at Hampstead Street, including the installation of 36 -inch reinforced concrete ripe, construction of a reinforced concrete junction box complete in place, excavation, hailawat; of necessary removals, curb and gutter reconstruction, resurfacing with P.N.S., backfill and compaction, construction of concrete cradle, necessary connections, and appurtenant work as indicated on the plans, Job No. 486; in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E P'ersal C' 9 and the notice inv Ting sea a proposa s, w ich said notice specified that sealed proposals as specified in said notice would be received up until 2.00 o P.M. of the 19th day of -November and which said no ce id 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 November 19 1959 at the hour 2:00 o P.M., the City Clerk and City Engineer of -1- 5872 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 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 t 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 2L t h day of Novemb r 9 19 59 9 at the hour of OO otclock P.M., 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 WULFF EXCAVATING C MPPNY, 3,817 Linden 1= ven Long Leach 7, California for the construction, installation and completion of said storm drain in Ball Road at Hampstead Street, Job No. 486, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said WULFF EXCAVATING 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 WULFF EXCAVATING COMPANY which said contract was duly made and entered into on the '27th day of November 19 9 and WHEREAS, the said WULFF EXCAVATING 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 and the contract ma •e an• enter. into w it •y h e 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 WULFF EXCAV -.TING 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. 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 8th day of March 1960 ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 19 r of Anaheim, do hereby certify introduced and adopted at a vided by law of the City Co 8th day of March (SEAL) 9 City Clerk of the City that the foregoing resolution was regular meeting pro= unci of the ity of Anaheim, held on the 9 1960 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 M°iprch 9 1 9 60 „o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of March n 1960 O _30 CLERK OF THE CI OF ANAHEIM