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58R-4494 -- r RESOLUTION NO. 4494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURJlISHIIG OF ALL PL.lIT, LABOR, SERVICES, lIA- 'l'ERIALS AND E~UIPKENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIO IMPROVEMENT, TO WIT: THE B.AXT~ STREET SEWER WRO'VEMENT, FROM 4'30 FEET NORIfH OF CRESTLANE TO 80 FEET SOUTH OF qRESTLANE. JOB NO. 1114. WHEREAS, the City Council 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: !he Anaheim Bulletin, on the 16th and 2'3rd day s of Jann.,.y , 19~, a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, including power, fuel and water, and performing all work necessary t() construct and complete in a good and workmanlike manner, in strict accord- ance with the specifications, plans and drawings therefor on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following pUblic improvement, to wit: The Baxter Street Sewer Improvement, consisting of the con- struction of a V.C.P. sewer lateral in Baxter Street from 430 feet north of Crestlane Avenue to 80 feet south of Crestlane Avenue, including trenching, manhole construction, backfill, re- surfacing and appurtenant work, as indicated on the plans, Job No. 1114, r in aocordanoe with the designs, plana, prOfiles and speoifica- tions prepared by Geor~e E. Holyokel. Oity Ena:ine.r and the notice inviting sealed prop~sals, which said notioe speo1- tittd that sealed proposals as specified in said notioe would be reoeived up until 2:00 o'clock P.K. ot the 10th day of Jan'-8.ry , 19....2!..., and whioh said notice did state and deol.are that, pursuant to the provisiions of Section 1770 ot the Labor Oode, 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 hourly vage 8cale 80 a8certained; and WHEREAS, on JanuarY '30 , 19....slL, at the hour of o'clock P.M., the City Clerk and City Engineer of the 2:00 -1- ~ -w .- ."-- lOW s THEREFORE. BE IT RESOLVED by the City Council of the City of Anaheim that all plants labors services>> materials and equipment and all utilities and transportations and the performance of all work neoessary to constructs install and complete, in a good and workmanlike manners in striot acoordanoe with the specific&- tionss plans and drawings therefor on file in the Offioe of the City Clerk of the City Of Anaheim. together with the appurtenances theretos said public improvement hereinabove more particularly de- soribed and set forth. in the City of Anaheim. by said contractor>> be>> and the same are hereby aooepted. subjects nevertheless, to all the termss oonditions and prOVisions of the oontract doouments>> and that the balanoe due said oontractor for said work be paid to hi. thirty-five (35) days from and after final aooeptanoe of said work as evidenoed by the adoption of this resolution. but not sooner than thirty <'0) days after the date of the filing of notice ~f oo~ pletion. exoepting only suoh sum or sums as may lawfully be withheld in aooordanoe with the provisions of said oontract and contract documents. That aooeptanoe by the oontraotor of said payments made in aooordanoe with said final estimate shall operate and shall be . 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 act or neglect of the City. its offioers>> agents and e~ 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 Kayor and the City Olerk of the City of Anaheim be>> and they are hereby authorized to execute and file a notice of oompletion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 1st day of:May >> 19..2.L.o A7fT: ~~OF~1i-~F~AiAiEIX ST.TE OF CALIFORNIA ) OOV.lfY OF ORAIfGE ) SSe GIn: OF ANAHEIM ) Is DENE He WILLIAMS . Oity Olerk of the 01tr ot Anaheim. do hereby certify that the foregoing resolution w.. intro- duoed and adopted at an adJourned regular meeting provided by law of the Oity Oouncil of the lty of Anaheim. held on the 1st dar of Kay . 19~>> by the following vote: AYES: COUJlOILKEN: Pearson, Borden, Fry and Schutte ? /'~A~ ( _ ..' ;.J' ~/ . ~..____ MAYOR OF THE OITY OF AIAHEIX -. 10ES: OOUIOILXEJh None r-- ABSENT: OOUIOILKEI: Coons AND I FURTHER OERTIFY that the Hayor of the 01 ty of Anahelm approved and signed said resolution on the 1st day of Kay . 19~o IN WITNESS WHEREOF, I have hereunto set., hand and afflxed the official seal of the Oi ty ofheim this 1st day of Kay . 19....s.a... (S&lL) .- - -- lOW>> THEREFORED BE IT RESOLVED by the C1 ty Council of the City of Anaheim that all plant>> labor>> services, materials and equipment and all u.tilities and transportation>> and the performanoe of all work necessary to oonstru.ct. install and complete, in a good and workmanlike mannerD 1n strict accordanoe with the specifica- tions>> plans and drawings therefor on file in the Office of the City Clerk of the City Of Anaheim>> together with the appurtenances thereto>> said pu.blio improvement hereinabove mOre particularly de- scribed and set forth>> in the City of Anaheim. by said contractor, be, and the same are hereby aocepted, subject. nevertheless, to all the terms>> conditions and provisions of the contract documents, and that the balance due said oontractor for said work be paid to him 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 flling of notice ~f com- pletion>> excepting only suoh sum or SI1mS as may lawfully be withheld in aooordanoe with the provisions of said contract and oontraot doouments. That acceptance by the oontraotor of said payments made in acoordance 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 du.e 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 offioers, agents and em- ployees, excepting only olalms against the City for any amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Kayor and the City Olerk of the Cl ty of Anaheim be, and they are hereby authorized to exeoute and flle a notloe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 1st day of KaY , 19~o A;71T: ~GdL?OF~1i-~F"AiAHEI)( STA!E OF CALIFORNIA ) oouln OF OlUllGE ) 8S. OI'l'Y OF AlWiE1K ) I. DENE K. WILLIAKS . City Clerk of the Oity ot Anaheim. do hereby oertify that the foregoing resolution v.. intro- duoed and adopted at an ad10urned regular meeting provided by lav of the City Counoil of the City of Anaheim>> held on the 1st day of KaY . 19~. by the following vote: AYES: COUIOILKEN: Pearson, Borden, Fry and Schutte -, ~. ~ /,/,-/<'. /-- (_~)~A::Z . ~-____ KAYOR OF THE CITY OF AIAR1l!T1( 10ES: COUICILKEJI: None ,.-.. ABSENT; OOUIiC1LKEJI: Coons AND I FURTHER CERTIFY that the Kayor of the City of Anaheim approved and signed said resolution on the 1st day of KaY >> 19~o IIi WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of naheim this 1st day of Ka.v ~ 19....5lL. ( SUL )