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1960-6196RESOLUTION NO. 6196 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 OF A STORM DRAIN IN PALM STREET BETWEEN CYPRES S IN THE CITY OF ANAHEIM JOB NO. AND CENTER STREETS 0. 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: P •r i t 1st 19 0 ce p h and nvit n g sealed propose s or urn's: ng following: 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The con- struction of a storm drain in Palm Street, between Cypress Street and Center Street, in the City of Anaheim, consisting of the installation of 24 21" and 18" reinforced concrete pipe, complete in place, in Palm Street, between Cypress and Center Streets, including trenching, backfill, resurfacing, manholes, catch basins, and appurtenant work, as more particu- larly set forth in the plans and specifications on file in the Office of the City Engineer, Job No. 488; in accordance with the designs, plans, profiles and specifica- tions prepared by s F D F 1. ne er and the notice inviting sea -ed propose s, which said notice specified that sealed proposals as pecified in said notice would be received up until 2 :00 o°clock P.M. of the 7th day of aril 0 and which said notice did state and declare that, pur:-:uant t the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rat 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 April 7th 19 60 at the hour of 2 :00 o °clock P the City Clerk a.nd a ty Engineer of the City of Anaheim did open s id seal4d proposals /received up to that time for th 4; furnishing of all plant, labor, services, materials and ctquipment and all utilities and transportation. including power fu 1 and weter, ai performing all work neces- sary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications, plans and drawing therefor on file in the Offic of the City Clerk of the City of Anaheim, the public impro rement heretinabove more parti- cularly described end set forth in public in the City Council Chamber in the City Hall Anaheim e California, and the City Engineer did tebulate the result of said sealed proposals and did make a rep.rt to) the City Council t its next regular meeting; and at its next -2- WHEREAS, the City Council .f the City of Anaheim did, regular meeting, held on the 12th day of A.ril 19 60 g at the hour of 7M0 ovolock 0 op consJeer seaied5nposais submitted 761 nishing the matetriels end performing the work hereinab*ve more particularly described and set forth and did thersupon find and determine that the sealed proposal submitted by JAMES A. MORAN CONSTRUCTION INC. _1202 East Washington Ave. raTa7.7==i7. or the construcelion installation and comp Palm Street Storm Drain Job No. 88 here nabove mentioned and &serib d was the lowest repontib e proposal submitted thereter and thereupon accepted said bid and did award a contract to said JAMES A. MORAN CONSTRUCTION INC. for furnishing ,1 plant labor servines materiirs and equip- ment and all utilities and transportation, including power fuel and water, and performing all work necessary to construct and complete, in a g*od and workmanlike manner in strict accordance with the pecifications plans and drawings, the said public improvement as specified in said notice inviting sealed proposals and did authorize the Mayor and the City Ci rk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with %z&IEs"PEr which said contract wes duly made and entree TJao on H.E) day of P.rj1 19_60J and k et on 0 sa WHEREAS, the said F A Ott OC INC has furnishsA all peant abor services, materials and quiprintand 1.11 utilities and transportation, and performed all work necessary for the construction and c*mpletion in a good and workmanlike menner Jen strict accordane e. with the specifications plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles drawings and specifications pre- pared by Thornton E Piersall Citl .tlrialuer 9 and the contract Raze an* en;res into w it EYthe City of Anaheim; and WHEREAS, the C t En ineer has duly certifici to th construct ,on ane compe4tion of im- provement hereinabove mentioned and described in accordance with the plans and specifications and th4, contract docum nts duly made and entered into with said JAMES A. MORAN CONSTRUCTION, INC. and WHEREAS the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of th contract and the contract documents and that notice of completion should be filed and payment of th b lance du 4 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 11 plant, labor, services, materials and equipment and all utilitie s and transportation, and th;=; per= formanc= of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict :.ccorda ace with the specifications, plans and dr .wings th= :refor on file in the Office Of the City Clerk of the City of Anaheim, together with the appurtenarec;s 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, t 11 the terms, conditions and provisions of the contract documents, and that the balance due said contractor for said work be p,= id to _it thirty -five (35) days from and after final acceptant of s 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 withh- id in.c c;rdarce with the provisions of said contract and c #ntract documents, Ths.•,t accept me by the con- tractor of s: patents made in accordance with s -id final estimate shall operate and shall be release to the City of Anaheim, its officers, agents and employees from 11 clr,.tms 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 mp1oyees, 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 =:nd the City Clerk of the City of An ;':iei,m be, and they are hereby uthorized to execute and file a notice of completion of said work ::.s required by law ATTEST (SEAL) THE FOREGOING RESOLUTION is approved c-nd signed by me this 9th day of __August 9 1 9 60 STATE OF CALIFORNIA COUNTY OF ORANGE ssa CITY OF ANAHEIM. 1 DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at an_a u rned regular meeting pro- vided by law of the City Council of the of Anaheim, held on the 9th day of August 9 19 60 9 by the .following vote AYES COUNCILMEN° Chandler, Coons, Fry, Thompson and Schutte NOES? COUNCILMEN e None ABSENT COUNCILMEN None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and sign d. s <;id resolution on the 9th day of �ttrlttr.} 9 1960 03© IN WITNESS WHEREOF, I h.=.ve hereunto set my hand and affixed the official seal of th of August 19 60 City of Anaheim this 9th day A