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58R-4748 - .-. RESOLUTION NO. 4748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AlAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FtJRlIsmHG OF ALL PLANT, LABOR, SERVICES, HA- TERIALS AID EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMIHG ALL WORI NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIO IMPROVEMENT, TO WIT: gg:STRUCTION .AIfD COMPLETIOl4 OF A REINFORCF.n c6~~T~,V:tl ~W;~ ~IiqST:~~~I~F~~~V OF ,AlWlEIM. WORK ORDER)I). 1"88. WHEREAS, the City Council of the Oity of Anaheim aid oause to be pUblished in a newspaper of general circulation, printed, published and ciroulated in the City of Anaheim, to wit: !he Anaheim Bulletin, on the lOth and 17th d~. at .111ft. , 19~, a notioe inviting sealed proposals for furnishing the following: All plant, lahor, services, materials and equipment, aad all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete in a good and workman- like manner, in strict accordance with the specifi- cations, 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: Excavation, construction and completion of a reinforced concrete vault for Well No. 19, at the southeast corner of Ball Road and Lewis Street, in the City of Anaheim, together with all appurtenant work a8 indicated on the plans and speCifications, Work Order No. 1588, - in aooordanoe with the designs, plans, prOfiles and specifioa- tions prepared by Geor;. E. Halyake, City Engine.r and the notioe inviting sealed proposals, which said notioe speoi- fied that sealed proposals as specified in said notioe would be reoeived up until 2:00 0' clook P.M. of the lrd day of July , 19..,2L, and whioh said notioe did state and deolare that, pursuant to the provisions of Seotion 1770 of the Labor Oode, the Oity Oounoil 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 loale so ascertained; and WHEREAS, on July 1 , 19...sa-, at the hour of 2:00 o'olook P.M., the City Olerk and Oity Engineer of the -1- - ,,-.. City of Anaheim did open said se~ed 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 accordance 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 particularly 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 Oouncil at its next regular meeting; and WHEREAS, the City Council of the Oity of Anaheim did. at its next regular meeting, held on the 8th day of J1l1v , 19.2!L-, at the hour of 7:00 o' clock P.K., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by SCHlffiR .L FINI lAY, INC., 5122 Ohh Strut, YorDa Linda. California for the construotion, installation and completion of said r~Nc.RF.TF. V.AlJLT FOR lIELL MO. lQ, lInRK ORnER MO. 1t::88 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon aocepted said bid and did award a contract to said SCHURR &. FIWLAY, INC 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 said public improvement as specified in said notice inviting sealed proposals. and did author- ize the Mayor and the City Clerk of the Oity of Anaheim to execute a contraot for and on behalf of the City of Anaheim with SCHURR &. FIVIAV, INC , 5122 OhlA ~t~..tJ Vn~h. Tfnd_, Callfarnfm , which said contraot was duly made and entered into on the 10th day of July , 19-5L; and WHEREAS, the said SCHURR &. FINLAY. INC. has furnished all plant. labor, services, materials and equipment and all utilities and transportation. and performed all work necessary for the con- struction and completion, in a good and workmanlike manner. in strict aocordanoe 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 specifioations prepared by George Eo Holy~kQ, CIty F.nlln..~ , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer has dulJ certified to the construction and completion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contraot documents duly made and entered into with said SCHURR & FINLAY. INC. ; 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 contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accord- anoe with the contract doouments. -2- -- - .,-.. lOW>> THEREFORE>> BE IT RESOLVED by the 01 ty Council of the City of Anaheim that all plant>> labor>> services, mater1als and equ1pment and all utilities and transportation>> and the performanoe of all work necessary to construct>> install and complete, in a good and workaanlike manner>> in striot aooordance 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- soribed and set forth>> in the City of Anaheim>> by said oontraotor, be, and the same are hereby aooepted>> subJeot, nevertheless, to all the terms. oonditions and provisions of the oontract doouments, and that the balanoe due said contraotor 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, exoepting only suoh sum or sums as may lawfully be withheld in acoordanoe with the provisions of said contraot and oontraot documents. That aooeptanoe by the oontraotor of said payments made in aooordance 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 oontraotor for anything done or furnished or withheld or for anything relating to the work or any aot or neglect of the City>> its offioers, agents and em- ployees>> exoepting 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 Oi ty Olerk of the City of Anaheim be, and they are hereby authorized to axeoute and file a notioe of oompletion of said work as required by law. THE FOREGOING RESOLUTION i8 approved and signed by me this 10th day of SeDtemher , 19..5.8-. (~~ MAYOR OF THE CUY~ ~ST: Ji. k;'~-A-~ ~I~ . 0 OF THE OITY OF AKAHEIK STATE OF CALIFORlIA ) OOUITY OF OR.UGE ) ss. OIn OF ANAHEIM ) I. DEKE M. WILLIAMS , City Olerk ot the 011;y ot Anaheim, do hereby oertify that the foregoiRg resolution w.. intro- duced and adopted at a regular meeting provided by law of the City Council of the Oity of Anaheim>> held on the lOt.h day of Seph1ll.ber , 19~, by the follow1ng vote: AYES: COUHOILKEN: Pearson, Borden, Fry, Schutte and Coons 10ES: COUHCILKEN: None .,,-.... ABSENT; OOUICILKEI; None J.HD I FURTHER CERTIFY that the Kayor ot the 01ty of Anaheim approved and signed said resolution on the 10th da,y of Sapteml:ler p 19~. II WITHESS WHEREOF>> I have hereunto set my hand aDd aff1xed the offio1al seal of the 01 ty of Anaheill this 10th day of September , 19~.. (J k A ~ "'_ _' ._ , (SIW.) ~OF f~AMDl -3-