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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