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1960-5908RESOLUTION NO. 5908 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 o CONSTRUCTION OF AN UNDERGROUND WATER ULT AT THE IV Oh H'tv ST CORNER OF K TELLA AVENUE AND WEST r THE CITY yr _IUD u��:T STREET. IN �1mY O:. i�AHEIK, JOB LEND WORK ORDER iNO. 164 7. 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 20th and 27th 19 9 a notice nv t ng sealed proposals for furnishing the following: 11 plant, labor, services, materials and equipment, ^nd all utilities and trensoortrtion, inc1udinv rower, f-.lel and water, and performins, all work necessary to construct and complete in a ood and workmanlike manner, in strict accordance with the specifications, elens and drawings therefor on file in the office of the 'City Enineer or City Clerk of the Ji_ty of Lna.heim, the Aollowin_ Public imorovement, to wit: Construction of an underJrounc reinforced concrete water vault at the Northwest corner o_L Katella .Ive. ue and Jest Street, in the City of 2naheim, complete in place, inclu.din`, excavation, backfill and hauiawa.y, resurfacing with plant -mix surfacing, end appurtenant work as indicated on the plans, Job and work Order No. 1647; in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. Piersell, City En and the notice inv Ling sea ed proposa s, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o°clock P.M. of the 3rd day of er 1959 and which said notice did state an ec re 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 December 1959 at the hour 2 :00 olclock P.M., the City Clerk and City Engineer of -1- 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 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 vn the {t day of December 9 19; •O 9 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 FRICKE BARRINGTON 02199 ado Stre t Pasadena% California. or the cons ruction, installation and c ompletion of said under round water vault at NW corner of Ka_tella Ave and West St„ Job Work Order 1Jc hereinabove mentioned and described, was the lowest responsible /1(t proposal submitted therefor, and thereupon accepted said bid and did award a contract to said FRICKE ARRINGTOTv CONSTRUCTION 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 FRICKE CONSTRUCTION which said contract was du y ma •e an entere• n o on •e 1„,,_, day of December 9 19 9 and WHEREAS, the said FRICKE— BAREINGTON JO1 STRUCTIO 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 `I'horntcn E. Piersell Cit r n,•ineer and the contract ma •e an en ere into w it •y he City of Anaheim; and WHEREAS, the City Ln7ineer 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 PRICE B`.RR11 .TOi` CONSTRUCTION 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 thirty -five (35) days from and after final acceptance of sa 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 tk day of March 1960 STATE OF CALIFORNIA COUNTY OF ORANGE Ss. CITY OF ANAHEIM 19 Dr=:NE M. WILLIPr 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 Council coaCTI of Anaheim held on the 29th day of March 9 1960 9 by the following vote: AYES. COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. NOES: COUNCILMEN:: None. (SEAL) -3- ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of March 9 1960 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of March 19 60