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58R-4532 RESOLUTION NO. 4532 -.- ",....., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT ~ LABOR, SEP.... VICFS, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND lI'ATBR, AND PERFORJqNG ALL WORK NECESSAnY TO CONSTRUCT AND COMPLETE THE FOLLOIYING PUBLIC IMP. ROVEYENT. ~_ =R:io~1:l~:l:l~It = =VE PI.A.tmJI'I':q ~~., .AJD JfOR'l'IIDLY 011' OYPRESS .lYR. '1'0 A. P9DfT 670' SOUB OF ORAwaR_ THORPE AYE.~ JOBllO. 1107.. WHEREAS, the City Council of the City of An$heim did cause to be pub- lished in a newspaper of general circulation, printed~ published and circulated in the City of Anaheim, to wit. The Anaheim Bulletin~ on the 24th day of fleDt. and 18t day of oct~ber ~ 19 57 ~ a notice inviting sealed pro- posals for furnishing the foi wing. All plant~ labor, services, materials and eqaipment, and all .tilities and tran.portation~ inclading power, fael and water, and performing all work necenary to construct and complete in a good and workmanlike manner, in striot accordance with the specifications, plans and drawings therefor on file in the office of the City Olerk or Oi ty Engineer ot the City of Anahe1m~ the following public improvement~ to wit: 1'he Roumeya-Cypress Sewer Lateral~ consisting of the construction of a V.C.P. sewer lateral in Roumeya Drive trom 660 feet west of Placent1a Avenue to Placentia Avenae~ and northerly on Cypress Avenue to a point 670 feet south of Orangethorpe Avenue~ including trenoh1ng~ manhole construction, backfill~ resurfacing on Cypress Avenue~ and appurtenant work as indicated on the plans~ Job No. 1107~ --...-- in aCQOrdance with the deSlgn~. :l&OS, profiles and specifications prepared by GeoNe E. lelyoke ~ 01 ty .rsng1ne.1' and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in Slid "tice would be received up until 7:00 01 clock P. M. or the 8th day ot .... Oc-to'be~ ~ J,.9..a~ and which said notice did state and declare that~ p~suant 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 pre- vailing hourly wage scale so ascertained; and ..-- WHEREAS, at a regular meeting of the City Council held on the 8th day of Octol?er , 19 ~7 ~ at the hour of 7:00 olcJ.ock P. M. of said date, said City Council id hold a public hearing for the purpose of opening sealed proposals received up to that tirne~ for the furnishing of all plant~ labor, services~ materials, and equipment, and all utilities and transportation, in- cluding power, fuel and water~ and performing all work necessary to construct and -1- ~, --"~ complete, in a good and workmanlike manner" in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the City Clerk 01 the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and the City Council did thereupon refer said bids to the for examination~ tabulation and report t.o the City Cou~ 1~eer did thereupon examine and tabulate said sealed pro- e resu t of his tabulation to the City Council; and WHEREAS~ the City Council did meet in regular session on the 8th day of October, 19-21-, at the hour of7_:00 0' clock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the C1t~1lln~eer of the City of Anaheim did thereupon make his repo an submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by P. J. MORA. & SOH, 610 East Holt Blvd.. Ontario. California for the construction~ installation and co~ pletion of said ROMliEYA-CYPRESS SEWER LA~. JOB HO. 1107 hereinabove mentioned and des- cribed was the lowest resuonsible proPoR~l submitted therefor, and thereupon ac- cepted said bid and did award a contract to said F. J. MORAll & SOH for furnishing 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, the sa;d 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 _____ ~ 3 KORAN k ROW, 610 RAat Holt Rlvd_~ nnt.A~io. r.A11~a~~1A which said contract was ~y made and entered mto on the 17t:b day of n..t.nh..~ , 19 -2L; and WHEREAS, the said F. J. MOR.Ui & SOH 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, design, plans, profiles, drawings and specifications prepared by 9'eor~f1 E. Holyoke. City Engineer. , and the contract made and enterea- mto 1r th it by the City of Anaheim; and WHEREAS, the Ci ty Engineer has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said i'. J. MORA" Ie SOH :; 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 com- pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -........~ NOW, THEREFORE, BE I'I' Rli;SOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct~ install and complete, in a good and workmanlike manner, in strict accordance with the spe- cifications, plans and drawings therefor on file in the office of the City Clerk of the City of Armheim. together with the appurtenances thereto of said public improvement hereinabove more pil-rticularly described and set forth, in the City' of Anaheim, by said Gontractor, be, and the same are hereby, accepted, subject, -2- ,- nevertheless, to all the terms, conditions and provisions of the contract docu- ments~ and that the balance due said contractor for said work be paid to 1 t thirty-five (35) days from and after final acceptance of said work as evidenced b.Y the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of compl~tion, 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 contractor 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 lia- bilities 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. day of THE FOREGOING RESOLUTION is signed and approved by me this HaT , 19 $8 . 20th /;) -7 ~ / L- ,_ c_~~ ~-____ MAYOR OF THE CITY OF ANAHEIM ATTESTs /) L / ~ - CL--'- , T" A .. /.J.L. ~ '" ~ LERK of firE crit oi ANAHEIll STATE OF CALIFORNIA ~ COUNTY OF ORANGE SSe CITY OF ANAl-IEU I, DElE M. WILLIAMS , City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at an a~ourn.. regular meeting of the City Council held on the 20th day of y , 19 58 , by the following vote of the members thereofa AYFSs COUNCILMEN Pearson, Borden, Fry, Schutte and Coons NOES I COUNCILMEN None ABSENT a COUNCILMEN s None AND I FURTlIER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 20thday of Hay , 19.2!-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of May, 19-..2L. -~.,.--.- vU ~k J~- /- U/~ , ~ CLERK 'OF THE CITY OF ANAHEIM (SEAL) -}-