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58R-4649 - ~ RESOLUTION NO. 4649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE F!JRlISHING OF ALL PLANT, LABOR, SERVIOES, llA- TERIALS AND EQ.UIPMENT AND ALL UTILITIES AND TRANS- PORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORKING ALL WORK NEOESSARY TO OONSTRUOT AND OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TEE --HPE VEEEH'l' 02 NOETE STREET FRON PAUl STREET TO vIESI' S'l'REET PHOJEC'r NO.6. WHEREAS, the City Oouncil of the City of Anaheim aid cause to be pUblished in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 30th day or April and 7th day or May 19~, a notioe inviting sealed proposals for furnishing the following: All lJlant, labor, services, naterials and equipment, and all utilities and transportation, including power, fuel and 'i.rater, and ;Jerforr:1in all 'dark necessary to cnstruct and cOrrlf."lccte, in ~l ~;ooc_ 81Jd Horkmanlike manner, in strict accordance with the specirications, J]lans anc drawins t'18xef'or on rile in the of rice or tb8 City :.Jlerk 01' C1 ty Enc;ineer of the City of Anaheim, U.6 =~olloH n2, public impr'over1snt, to 'In. t: The Improve- ment of North Street, from Palm Street to West Street, by excavation, ~avi with four inch plant-mix surracing, adjust-n existin; manholes to grade and appurtenant work, "".s indj.cat:ed on the plans, Project No. 65, -- in accordanoe with the designs, plans, profiles and speoifica- tions prepared by Gp.o~gP. K ~nl~~vA ~iry ~n~n9~p and the notioe inviting sealed propos8.ls, whio said DoUoe speci- fied that sealed proposals as speoif1ed in said notice would be reoeived up until 2:00 a' olook P.X. of the 1 ~tn day of Hay , 19...s.a....., and whioh said notioe did state and deolare that, pursuant to the provis10ns of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had asoertained the prevailing rate of wages for eaoh type of labor needed to exe- oute said oontraot and did set forth the prevailing ho~ly wage Icale so asoertained; and WHEREAS, on TilRY 1 ,;t"h , 19..sEl-, at the hour of 2:00 o'clook P.M., the City Clerk and City Engineer of the -1- 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 necessary to con- struct and complete, in a good and workmanlike manner, in strict accordanoe 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 partioularly 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 ;,r! co,,'r.nAri regular meeting; and WHEREAS, the City Counoil of the City of Anaheim did, at it s next lC; CO q'nflf; regular meeting, held on the ?Oth day of '1]" . 19-5.L, at the hour of 7'O() o'clock P.M., consider 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 propos~~ submitted by ;;;,LLI-ll,L"-,H O:",',,';'C']',,:,;O;,.::<,',? Cio ;)nx ~.L).c. Or2.n~--'8.JE~1 .OlJ.]Ja for the oonstruction, installation and completion of said TTip"mRi'!;'<N'j' 0-' ~~-U:~~;I_ SIiH3::._'l'. FRc~-': PALlJ~ S'T'. f',-.-, :."J~'~;:)I'r .s'IA, PHCLTT,;';C'il ~<l'O h~J hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said SJLLY-I,,'LL::} COiTT'FU',CT"i','~ CO\iiPili,'{ for furnishing all plantp 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, 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 execute a contract for and on behalf of the City of Anaheim with ~) ill J ,: _, l I CUi-. "l~::;\:; -'-i-' ,'\.:' ,;(), -.-'." ') which said contract was duly made and entered into on the day of :2.7 , 19...5[L; and , 22nd WHEREAS, the said 3ULL,i-EILLEI CON'rHACrT'TiJ(} r.m,~'PAi-,I has f urn1shed all plant. labor, services, materials and equipment and all utilities and transportation, and performed all work neoessary for the oon- struction and oompletion, in a good and workmanlike manner, in striot acoordanoe with the speoifications, plans, drawings, of said public improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and specifications prepared bYj8nJ'A ",'nl y()lrA Ci tv En,"" neAr , and the contract made and entered into with 4 t, by the City of Anaheim; and WHEREAS, the CHi .wD"ineer has duly certified to the construction and completion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said SULL"'-T"'T,[,rch (;,iKrrli~(;'.I'T'C(j (YiMoi\1'JV ; and -- WHEREAS, the City 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 oontract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in aocord- ance with the contract documents. -2- ,-..... /-'~ lOW 9 THEREFORE. BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant. labor. servloesp materials and equipment and all utilities and transportation9 and the performanoe of all work neoessary to construot. install and oomplete, in a good and workmanlike manner, in striot aooordance 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 theretop said public improvement hereinabove mOre particularly de- soribed and set forth. in the City of Anaheim. by said contraotorp be, and the same are hereby aocepted. subject. neverthelessp to all the terms. conditions and provisions of the oontract doouments, and that the balanoe due said oontraotor for said work be paid to it thirty-five (3,> days from and after final aooeptanoe of said work as evidenced by the adoption of this resolutionp but not sooner thaa thirty (30) days after the date of the filing of notice of oom- pletion9 excepting only suoh sum or sums as may lawfully be withheld in accordance with the prOVisions of said contraot and oontraot doouments. That aooeptance by the contraotor of said payments made in accordanoe with said final estimate shall operate and shall be a release to the City of Anaheim. its offlcersp agents and employees from all claims and liabilities due the contraotor for anything done or furnished or withheld or for anything relating to the work or any act or negleot of the City. its officersp agents and em- ployees. exoepting only olaims against the City for any amounts vi thheld by the C1 ty 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 notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this It)th day of _ J1Jly . 19...sB-o iZ:T ST: h d~~..~~ o TY CLEM OF THE CITY OF AJiAHEIK STATE OF CALIFORNIA ) COUXTY OF ORAHGE ) ss. CITY OF ANAHEIM > I. Di:;IJE E. ,vILLIAllS . City Clerk of the City ot Anaheim. do hereby oertify that the foregoing resolution vas intro- duced and adopted at an Rr'J1()11Y'nAr'J regular meeting prOVided by lav of the City Council of the -Oity of Anaheim, held on the ] c;th day of Julv . 19~9 by the following vote: c~~ KAYOR OF THE CITY OF ARAHEIK AYES: COURCI~N: Pearson, Borden, Fry, Schutte and Coons. NOES: COUICILKElh None. /~ ABSENT: COUNCI~N: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and si)t~ed said resolution on the 1 C;th day of July. D 19~o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offioial seal of the City of Anaheim thiS,;:lc;tn day of July >>19~. ~ k:A ' ~ ,..~~ ( SEAL) 01 OLJ:RI OF THE CITY OF AIlAlltJl -3-