1960-5754RESOLUTION NC
5754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MAC
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS..
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
•k
•tk►
•:U i::
F Te MAV S EET B N• 81
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 the 1 Kt an s
195, a notice inviting sealed proposals for furnishing the
following:
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 workman-
like manner, in strict accordance with the specifi-
cations, 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:
The construction of the North Street Storm Drain,
along North Street, from Orange Street to Mavis Street,
including trenching, construction of Catch Basin,
construction of headwall, backfill, resurfacing and
appurtenant work as indicated on the plans, Job No.
4
in accordance with the designs, plans, profiles and specifiea,-
tions prepared by Th.rr oE Piersa l C t i eer
the notice inviting sealed proposals, which said notice speci-
fied that sealed proposals as specified in said notice would be
received up until 2 :00 o" ,look P.M. of the 29th day of
October 19_52_ 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 ascertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
scale so ascertained; and
WHEREAS, on October 2 D 19_12_, at the hour of
2 :00 o "clock P.M., the City Clerk and City Engineer of 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 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 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 3rd day
of November 19_x, at the hour of 7:00 o'clock P.M.,
consider the sealed proposals submitted for furnishing the materi-
als 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. MORAN. 1202 E. Washington Avenue.
Santa Ana, California
for the construction, installation and completion of said
NORTH STREET STORM DRAIN, .IOR Nn. 181
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 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
specified 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 JAMES A.
MORAN, 1202 E. Washington Avenue, Santa Ana, California
which said contract was duly made and entered into on the 4th
day of November 19 59 and
WHEREAS, the said JAMES A J MORAN
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
strict accordance 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
specifications prepared by Thornton E. Piersall. City Engineer
and the contract made and entered
into with him by the City of Anaheim; and
WHEREAS, the C' t En ne has duly
certified to the construction and completion of said public improve-
ment 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
and
WHEREAS, the City Council finds that said contractor has
completed said public improvement hereinabove more particularly de-
scribed 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 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
Clerk of the City of Anaheim, together with the appurtenances
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 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 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 com-
pletion, 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 contractor 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 em-
ployees, 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 12th day of January 19 60
ASS T:
1/
SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS
Anaheim, do hereby certify that the
dduced and adopted at a
NOES: COUNCILMEN: None
-3-
MAYOR OF
HE CITY OF ANAHEIM
City Clerk of the City of
foregoing resolution was intro
regular meeting provided by law
of the City Council of the City of Anaheim, held on the 12th day
of January_______, 19 60 by the following vote:
AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 12th day of
January 19 60
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 12th day of
January 19 60
C Y CLERK OF THE CITY OF ANAHEIM