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1960-5871RESOLUTION NO. 5871 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 e CONSTRUCTION OF A STORM DRAIN IN WATER STREET AND ALLEY FROM PFROXIM T ELY 90r EET FELT r r .J. J 1. OF ROSE STREET TO APPROXIMATELY WEST OF ORANGE STREET. JOB NO. 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 19 a no ce nvi ng sealed propose sf or furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, inc1u.din3 power, fuel and water, and perfornii.n„ all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, glens and drawin therefor on file in the office of the City Engineer or City Clerk of the City of Anaheim, the followinv public improvement, to wit: The construction of a storm drain in Water Street and alley, from approximately 190 feet west of Rose Street to approximately 73 feet west of Orange Street, in the City of Anaheim, including the installation of 24 -inch and 30 -inch reinforced concrete pipe, excavation, back fill, compaction, resurfacin6, jacking underneath the railroad tracks, installation of 16 -inch concrete irrigation pipe, con- struction of reinforced concrete catch basin complete in place, reinforced concrete junction structure complete in place, reinforced concrete outlet structure, construction of temporary plant-mix surfacing, and appurtenant work as indicated on the plans, Job No )j85; in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. :Piersa,_1l. City En ineer 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 ovclock P.M. of the 1 tthh day of November —7,-1757 and which said notice did state an ec 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 November 19 1959 at the hour 2:00 o P.M., the City Clerk and City Engineer of the City of Anaheim did open said sealed proposals received up t� 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 24th day of November 19.5.1, at the hour of o'clock 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 JAMES A. M9RAN, 1202 E W. shinonton Avenue S .nte 0 or the construction, insta ation an comp_e on o sa storm drain in Water Street and said alley, in the City of Anaheim, Job No. 485, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said JAMES A. MORAN 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 JAMES A. MORAN which said contract was duly made and entered into on the 30th day of November 19 59 and WHEREAS, the said JAMES A MORAN has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construction andcompletion, 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 Thornton E Piersall Cit Engineer and the contract ma •e and entere into w him. y he City of Anaheim; and WHEREAS, the City J n ineer 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 JAMES A. MORAN 0 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 him thirty -five (35) days from and after final acceptance of sal d 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 I, DENE M WILLIAM 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 8th day of March 1960 9 by the following vote: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and athutte. 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 fitit day of March 1960 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this th day of L.arch s 1960 (SEAL) CLERK OF THE CITY OF ANAHEIM