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59R-5480 -- RESOLUTI ON NO 0 '51..80 A RESOLUTION OF THE CITY COUNCIL or THE CITY or ANAHEIM FINALLY ACCEPTING THE OOKPLlTION AND THE FURNISHING OF ALL Pl"AN'f D LABORD SERVICESD llA.- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANs.. PORTATION INCLUDING POWER 9 FUEL AND WATERg AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IXPROVEMENT, TO WIT: -THF MACTNOI TA AlfF'NlIF' ,F'~EP I~PPO\f~ENT FROM NPBOXTMATEIY 618 FEET SOUTH OF ORANCTF: AVENlIE TO ,AePRO~IMATEI Y I 10 FEET SOUTH OF STONYRROOK DR TVE, ..LQlL1ID~__ I 16? WHEREAS, the City Counoil of the City of Anaheim did cause to be publlshed in a newspaper of general circulation, printed, pU:bllshed and circulated i.n the Oity of Anaheim, to witt The Anaheim Gazette, on the 11 th ::lncl 1 Rth Q::l}T!". of Tnn.. , 19~. a notice inviting sealed proposals for furnishing the followingg All plant, labor, services, materials and equip- ment, and all utilities and transportation, including power, fuel and water, and performing all work n~cessary 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 Magnolia Avenue Sewer Improvement, consisting of the construction of an 8-inch V.C,P. sewer lateral in Magnolia Avenue, from approximately 618 feet south of Orange AVEnue to approximately 110 feet south of Stonybrook Drive, including excavation, trenching, backfill and flooding, replacing a portion of existing concrete cross gutter, construction of standard manholes, construction of 4-inch V.C.P. house laterals, including wyes, trenching, backfill and flooding, replacement of existing pavement, and appurtenant work as indicated on the plans, Job No. 1162, ~, in aocordanoe with the designsD plans, profiles and speoif.ioa. tions prepared by Thornton Piersall. City Engineer and the notice inviting sealed proposals, which said notice speoi- fied that sealed proposals as specified in said notioe would be reoeived up untn 2:00 o'olook PoX.. of the ,~,g5th day of June , . 1959 , and which said notioe did state and declare that, pursuant to the provisions of Seotion 1770 of the Labor Codep the City Council of the City of Anaheim had ascertained the prevailing rate of wages for eaoh type of labor needed to exe- cute sald contract and did set forth the prevailing hourly wag. scale so ascertained; and ' . WHEREAS, on June ~S II 19....5.<L, at the Mill" of 2:00 Q'clock P.M., the City Clerk and City Engineer of the -1- ,- City of Anaheim did open said sealed proposals reoeived up to that time for the furnishing of all plant>> labor>> services, materials and equipment, and all utilities and transportation, inoluding power>> fuel and water. and performing all work neoessary to oon- struct and complete, in a good and workmanlike manner, 1n strict acoordanoe with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the Oity of Anaheim, the public improvement hereinabove more particularly described and set forth, in public>> in the City Council Chamber in the City Hall, Anaheim. CalHornla. and the City Engineer did tabulate the result of said sealed proposals and dld make a report to the City Counoil at its next ad iourned regular meeting; and WHEREAS. the City Counoil of the City of Anaheim did, at its next ::lcljol1rnpn regular meeting, held on the iOth day of JlInp >> 19-5.S.-r at the hour of 7 :00 o.olook P.M., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth. and did thereupon find and determine that the sealed proposal submitted by "POMONA VALlEY SEWER CO~, ig8i Riverside Drive, Chino. California for the construotion, installation and oompletion of said MaQno1ia Avenue Sewer Improvement. Job No. 1162 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor>> and thereupon aooepted said bid and did award a contraot to said POMONA VALLEY SEWER CO.. for furnishing all plant9 labor>> servioes>> materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to oonstruot and complete, in a good and workmanlike manner, in striot aocordance with the specifications. plans. and drawings, the said pUblio improvement as speoified in said notice inviting sealed proposals: and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a contract for and on behalf of the City of Anaheim with POMONA VAl.LEY SEWER CO'L- whioh said contract was duly made and entered into on the 2nd day of JulY . 19..5S.-,; and , WHEREAS, the said POMONA VAIl EY SEWER CO has furnished all plant, labor, services, materials and equipment and all utilities and transportation: and performed all work neoessary for the oon- struotion and oompletion" in a good and workmanlike manner, im striot accordanoe with the specifioations: plans, drawings, of sald public improvement as speoified in the notioe inviting sealed pro- posals and in the detallJ design. plans~ profiles, drawings and specifioations prepared by Thornton Pipr~::l11. City Enginp.er ~. and the contraot made and entered into with it by the City of Anaheim; and WHEREAS, the City En~ineer bas dull oertified to the construotion and completion of said publio improve- ment hereinabove mentioned and described, in accordanoe with the plans and speoifioations and the oontract documents duly made and entered into with said POMONA VALLEY SEWER CO. ,_ _; and .",..... WHEREAS, the City Council finds that said oontraotor hal oompleted said pUblic improvement hereinabove more partioularly de- soribed in accordanoe with the prOVisions of the oontraot and the oontraot documents, and that notice of completion should be filed and payment of the balanoe due said contractor authorized in acoord- ance with the contraot documents. -2- .;-< NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant, labor, servioes, materials and equipment and all utilities and transportation, and the performanoe of all work neoessary to oonstruot, install and oomplete, in a good and workmanlike manner, in striot aooordanoe with the speoifioa- tions. plans and drawings therefor on file in the Offioe of the City Clerk of the City Of Anaheim, together with the appurtenanoes thereto. said pUblio improvement hereinabove more partioularly de- scribed and set forth, in the City of Anaheim, by said oontractor, be. and the same are hereby aooepted. subject, nevertheless, to all the terms, conditions and provisions of the oontraot documents, and that the balance due said oontraotor for said work be paid to it thirty-five (35) days from and after final aoceptanoe of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notioe of Oom- pletion>> exoepting only suoh sum or sums as may lawfully be withheld in aooordance with the provisions of said oontraot and oontraot doouments. That aooeptanoe by the oontraotor of said payments made in aocordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offioers. agents and employees from all olaims and liabilities due the oontractor for anything done or furnished or withheld or for anything relating to the work or any aot or negleot of the City. its offioers, agents and em- ployees. excepting only olaims against the City for any amounts withheld by the City at the time of suoh 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 exeoute and file a notioe of oompletion of said work as required by law. this THE FOREGOING RESOLUTION is approved and signed by me 8th day of SeDtember , 19.5.2.-. (] .~. 8~ MAYOR OF HE CITY OF ANAHEIM > AT~ST: / j ,-, Cf-- /L--~~ j/f, ~~ CI'l'Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUJlTY OF ORANGi ) ss. CITY OF ANAHEIM } I. DENE M. WIllIAMS , City Clerk of the Oity or Anaheim. do hereby certify that the foregoing resolution Was intro- duoed and adopted at a regular meeting provided by law of the City Counoil of the City of Anaheim. held on the 8th day of SeDtember . 19..5L, by the following vote: AYES: COUNCILMEN: Coons, Fry and Schutte NOES: COUNCILMEN: None -- ABSENT: COUNCILMEN: Parson 1 COL~CIL POSITION VACANT AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 8th day of S~pt~mh~r . 19..5L. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offioial seal of the City of Anaheim this 8th day of September , 19~. ( SEAL ) " ,,' /; -; q.------ ~ W A/' , CI Y OLERK OF THE ~IM -3-