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59R-5178 ,""'" RESOLUTION NO. 5178 A RESOLUTION OF THE CITY COUNCIL or THE CITY or ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT. LABOR, SERVICES, :MA- 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: . OONS'l'RTTn'l'TnX 01' A 1 !I.. nlCH STREET. CYT.nm1l11l COllC!RlllTlll WA'1'1l11l LUrE III OlWlGE AVllliUE. FROM DAT.R AVE:NOE TO S!A1iTOIl AVENUlll. ~~RX ~ORDER liO. 162.5. WHEREAS~ the City Council of the City of Anaheim did cause to be published in a newspaper of general ciroulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim (}a~.tt., on the 9th and 16th days of October , 19~~ a notice invit:tng sealed proposals for furnishing the following: All plant, labor, services, materials anci equip- ment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance wi th the specifications, plans and drawings therefor on file in the office of the City Engi- neer or City Clerk of the City of Anaheim, the following pI1blic imprOTement, to wi'G: The Con- struction of a 14-inch Steel Cylinder Concrete Water Line in Orange Ave1llle, from Dale ATe1llle to Stanton Avenue, Class 1.50, including excava- tion, trenching and backfill, and includlng all fixtures and appurtenant materials as indicated on the plans, Work Order Ilo. 162.5, in aooordance with the deslgnS9 plansp profiles and specifica- tions prepared by Georp:e E. Jlolyoke, Cib EllI:ineer and the notice inviting sealed proposals, whioh said notioe speoi- fied that sealed proposals as specified in said notice would be recei ved up until 2 :00 o' olock P.M. of' the 2'rd day of' October >> 19.....5.8.-. and which said notice did state and deolare that, pursuant to the prOVisions of Section 1710 of the Labor Codep the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exe- oute said contract and did set forth the prevailing hourly vage scale so ascertained; and . WHEREAS, on October 2), D 19~, at the hour of 2:00 olclock P.M.. the City Clerk and City Engineer of the -1- .,-'''' Oity of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant>> labor. services. materials and equlpment~ and all utilities and transportation>> including power>> fuel and water. and performing all work necessary to oon- struot and complete. in a good and workmanlike manner. in strict accordanoe with the specifications. plans and drawings therefor on file in the Offlce of the City Clerk of the City of Anaheim. the public improvement hereinabove more particularly desoribed 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 ad~urned regular meetingz and WHEREAS. the City Council of the City of Anaheim did. at its next _~ adjourned regular meeting, held on the 4-tn day of \l^v.,"h..,._~~~_., 19~" at the hour of 7:00 ololock P.M., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth9 and did thereupon find and determine that the sealed proposal submitted by dG,&.RNTER COliSTRUCTION COMP.A.NY. 16326 E. Manle.ttoTI,. La PIlenta. California e...~ for the construotionF installation and completion of said 14-inch steel cylinder concrete water line in Orange ATenue Work Order No. 1625 hereinabove mentloned and desc.rlbed" was the lowest responsible proposal submitted therefor~ and thereupon acoePted said bid and did award a contract to aaide. ~lU"ni er Constructi~ COII\PIlll.V =-- _., m_ _. =---'.~~-==-=>=..===~=~",. for furnishing all plant. labor" services. materials and equipment and all utilities and transportationD including power~ fuel and water, and performing all work necessary to construot and complete, in a good and workmanlike manner., in. strict acoordance with the speciflcatlons., plans, and draw.1.ngs, 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 exeoute a contract for and on behalf of the City of Anaheim with which saldcontr:~t"~;s Cd"u"{;~t~; C;;;r;~tered into on the 6th day of . ~B'ovellber,!) 19~~.; and WHEREAS>> the said ~ (lR"1'li Ill,. Cn1'l"t,.,.,~t i ^n Crnnp""Y .~e~" has furnished all plant, labor. servlces~ materials and equipment and all utilities and transportation. and performed all work necessary for the oon- struction and completion" in a good and workmanlike mannerD in strict acoordance 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 speoifioations prepared by .... _~G""".orge E. Holyoke, CitY" Engineer " and the contract made and entered into with ~~~-" . ... "by the Oity of Anaheim; and WHEREAS. the ~ City EnfineBr ..._has dull certified to the construction and completion of said pUblic improve- ment hereinabove mentioned and described. in aocordance with the plans and specifications and the contract documents duly made and entered into wi.th said ~ Garnier Construction COnm.8ll.T ,~.~._ ___._; and WHEREAS, the Oity 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 oontraot documents, and that notloe of completion should be filed and payment of the balance due said contractor authorized in accord- ance with the contract documents. ~2~ ..,...,.- NOW t THEREFOREt BE IT RESOLVED by the Oi ty Oounoil of the Oity of Anaheim that all plantt 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 specifioa- tions, plans and drawings therefor on file in the Office of the Oity Olerk of the City of Anaheim, together with the appurtenanoes thereto. said pUblio improvement hereinabove more partioularly de- soribed and set forth, in the Oity of Anaheim, by said oontraotor, be, and the same are hereby aooepted. subJeot, nevertheless, to all the terms, oonditions and provisions of the oontraot doouments. and that the balance due said oontraotor for said work be paid to it thirty-five (35) days from and after final acoeptanoe 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, excepting only suoh sum or sums as may lawfully be withheld in aooordance with the provisions of said contract and oontraot doouments. That acceptance by the contraotor 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 claims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any aot or neglect of the Oity, its offioers, 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 Olerk of the City of Anaheim be, and they are hereby authorized to exeoute and file a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 21st day of April , 19~. AT~T: A... -- . . ~~CLE~~ - THE-C;iTYOF- AiiAHEIM STATE OF OALIFORNIA ) OOUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I>> Dene M. Wi11i__ , City Clerk of the Oi ty of Anaheim, do hereby oertify that the foregoing resolution was intro- duoed and adopted at an adiourned regular meeting provided by law of the City Counoil of the Oity of Anaheim. held on the 21st day of April . 19....22-. by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte ~ R~L1h MAYOR F IT CITY OF ANAHEIM- NOES: COUNCILMEN: None /........ ABSENT: COUNOILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of A-pril t 19-2-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offioial seal of the City of Anaheim this 21st day of April . 19..22-. ( SEAL ) -=-- Cr-- kcri~~{- OF(;fiii~TY ~OiA'HAbIM -3-