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57R-4273 RESOLUTION NO. 4273 - A RESOLUTION OF THE CITY COm~CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION MID THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES A1ID TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY ro CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT. INSTALLATION Oi ~ Ie-INCH STEEL OYLINDER ~O~~E WATER LINE, TOGETHER WITH 6, ~ 10-INCH STUB LINES AS INDICATED ON T PLANS. IN RiLL ROAD FROM WEST STREET TO LEMON STREET, WORK ORDER NO. 1486. WHEREAS, the City Council of the City of Anaheim 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 2nd and 8th d"ys of AU$l:ust , 19 57 , a notice inviting sealed pro- posals for furnishing the following: All plant, labor, services, materials (exoept those to be furnished by the City, as set forth in the speoifications) and equipment. and all utilities and transportation, inolud- ing power, fuel and water, and perform all work neoessary to construot, install and complete, in a good and workmanlike manner, in strict aooordanoe with the plans and speoifioa- tions on file in the offioe of the City Clerk or the City Engineer of the City of Anaheim, the following publio improve- ment, to wit: The installation of an lS-inoh steel oylinder oonorete water line, together with 6. 8 and lO-inoh stub lines as indioated on the plans, in Ball Road from'West Street to Lemon Street, inoluding trenching, installation of pipe, in- cluding valves and fittings, flooding and baokfill, resurfao- ing, jaoking under the Santa Ana Freeway, and appurtenant work as indioated on the plans, Work Order No. 1486, in accordance with the designs, plans, profiles and specifications prepared by George E. Holyoke, City Engineer and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 7: 00 0' clock P. M. of the 13th day of Au~ust , 19~, and which said notice did state and declare that, pursuant 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 13th day of AUi1:ust , 19 57 , at the hour of 7: 00 o' clock P. M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, 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 of the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and -~ WHEREAS, the City Council did thereupon refer said bids to the 01 tv "'~1neer for examination, tabulation and report to the City Cou~ and sai 01 tv E~1neer did thereupon examine and tabulate said sealed pro- posals and report ne result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 11th day of August , 19~, at the hour of7:000'clockP. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Cl~ E~lnAlIll" 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 S. E. PIPELINE CONSTRUCTION COMPANY, 11716 Mulberry Dr1ve. WM tt1er. Cal1fornia for the construction, installation and com- pletion of said INSTALLATION OF AN 1 INCH TEEL CYLI D W ER W 0 hereinabove mentioned and des- cribed was the lowest responsible proPoRaJ submitted therefor, and thereupon ac- cepted said bid and did award a contract to said S. E. PIPELINE CONSTRUCT;j;ON COMPANY 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 ascordance 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 _____ S. E PIPELINE CONS RU T ON aMP which said contract was dul,v made and entered into on the 1 th day of August , 19-21-; and WHEREAS, the said S. E. PIPELINE CONSTRUCTION COMPANY 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 Geor~e E. Ho1voke. C1 tE; Eni1neer , and the contract made and enterecr- into w th 1 t by the ity of Anaheim; and WHEREAS, the C1 ty Eng1neer the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said COMPANY ; and has duly certified to improvement hereinabove mentioned specifications and the contract S. E. PIPELINE CONSTRUCTION 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 IT HESOLVED 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 Anaheim, together with the appurtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City' of Anaheim, by said contractor, 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 add work be paid to it thirty-fi va (35) days from and af"ter final acceptance of said work as evidenced by the adoption of this reso1.ution, 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, agent. 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 eJl;ecute and file a notice of completion of said work as required by 1a.... THE FORBGOING RESOLUTION is signed and approved by me this day Of" lMo..q,r , 19 5,? . 10,lL ~~~~ ~ AT'1'EST1 Ll4~ ~. . ST., TE OF CALIFORNIA ~' COUNTY OF OR.lNGE ss. CIty OF ANAHEIM I, ~B:)( W:U..LlAll. , City Clerk Of the City of Anaheim, do hereby ce i!'y thalt:. the !t)regoing Resolution was passed and adopted at a - regular aeeting of the City Council held on the 10t1l day of ":"';'~.r , 19 S7 , by the following vote of the members thereof. AlElII COUNCILMEN Pearson, Coons, Fry, Schutte and Wisser NOES : COUNCILMEN None AElS&NT. COUNCILIIEN. None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 10th day of D.o....r , 19--37-_ IN nTNESS WHEREOF, I have hereunto set my hand and' affixed the seal of the City of Anaheim this 11th day of ~o..1wno, 19--.S2... -..-, ~.~~ (SIAL) -3-