1960-5869RESOLUTION NO. 5869
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 CONSTRUCTION INS,TALLATIOiV AND CO11-
L''IUiv F RGROUN1) EL; CTRICAL VAULT
TN L. CTTL PARK. At, CYPRE AND LEMON STREETS IN
T NT; CITY OF ANAHEIM J01 NO. 6:.
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 o December 21 and 28 9
19 a no it
inving sealedp: oposa s for furnishing the
fol. 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 Lngineer or City Clerk of the City of inaneim,
the following public improv p..e.nt, to wit: The construc-
tion of a reinforced concrete, under round electrical
vault complete in place, including all necessary removal
of structures and veeta.tion, excavation, haulaway,
disposal and backfill, also replacement of structures
and vegetation, accordin; to engineering requirements
and subject to engineering; approval, and including
conduit, pull boxes, and appurtenant work as indicated
on the plans, Job No. 468;
in accordance with the designs, plans, profiles and specifica-
tions prepared by Thornton E. Piersall City Engineer 9
and the notice inviting se ed propose. s, which said notice
specified that sealed props %sa1s as specified in said notice would
be received up until 2:00 o P.M. of the 7th day
of Ja.nuar' 1960 9 and which said notice did
state an deo 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 9 and
WHEREAS, on cl anuary 9 1960 9 at the hour
2:00 o fl cioek Mme, the ity erk ana Engineer of
IN
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 12th
day of January 1 9 60 at the hour of 0
o?clock P.M., consider the sealed proposals submitted off` r
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 CLARK R. ELLIOTT,
3.' Glendora California
or he construction, insta ation an comp e on o sa underF7round
vpizl t;. n the City Park. at Cvaress snd Lemon Sts.. Job No, U68,
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said CLARK R. ELLIOTT
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 CLL_RK R. ELLIOTT
which said contract was duly made and entered into on the '16th
day of January 19 60 and
WHEREAS, the said CLARK R ELLIOTT
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 Thornton E. Piersall, City r.'n and the
contract made and entered into with him by the City of
Anaheim; and
WHEREAS, the City ln,°incex° has duly
certified to the construction an co et on of sa 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 CLRK R. ELLIOTT
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 th 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 th City of Anaheim, together with the
appurtenances thereto, .id public improvement hereinabove more
particularly describ, °d 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 iirnwark as vid, -.need 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 withh -id in accordance with the provisions of
said contract and contract dicuments0 That acceptance by the con-
tractor of said payments made in accordance with said final estimate
shall operate and shall b 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, 2.nd the -:y are hereby uthorized 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 9 19 60 0
ATTEST:
(SEAL)
STATE OF CALIFORNIA
COUNTY OF ORANGE sso
CITY OF ANAHEIM
I, DE lnrli LIB l 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 Coui o
ncf the ity of Anaheim, held on the
8th day of March 9 19 r 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
1� 8_rc'ri fl i90 0
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this day