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57R-4269 RESOLUTION NO. 4269 A RESOLUTION OF TIlE CITY COm~CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE LINOOLN AVENUE SEWER IMPROVEMENT, FROM GILBERT STREET TO MAGNOLIA AVENUE, JOB NO. 1100. 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 Anaheirr" to wit: The Anaheim Bulletin, on the 6th and 12th ds.vs of September , 19..iZ..-, a notice inviting sealed pro- posals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to oonstruct 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 Oity Olerk or Oity Engineer of the City of Anaheim, the following public im- provement, to wit: The Lincoln Avenue Sewer Improvement, from Gilbert Street to Magnolia Avenue, consisting of the construction of 8-inch V.C.P. sewer laterals on both sides of Lincoln Avenue, from Gilbert Street to Magnolia Avenue, including trenching, flooding and backfill, manhole con- struction, jaoking, resurfacing and appurtenant work as indicated on the plans, Job No. 1100. Conneotion of sewer lateral at Joint Outfall Sewer vault at the intersection of Lincoln and Magnolia Avenues will be made by Joint Outfall Sewer personnel, as indicated on the specifications, ,,"""C 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 17th day of September , 19.iL, 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 An&1eim 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 an adjourned WI-lEREAS, at / regular meeting of the City Council held on the 17th day of Sentember ,19 '57 ,at the hour of 7:00 olclock 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 furnishinE of all plant, labor, services, materials, and eq1.:.ipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and -1- ,,~....."'-> ,.._.~~~,-,-_._...-..._-.,.,-- - ~ L, '>. ,.,-. complete, in a good and workmanlike manner, in strict accordance with the speci- fipations, plans and drawings therefor on file in t~e office of the City Clerk 91 the Oi ty of Anaheim, of the public improvement h~reinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon r~fer said bids to the ~11t for examination, +..o"J .tion and ,report to the City Co~ a.. . . '. '1. I"gi.!l8R did 'thereupon examine! and tabulate said sealed pro- posals. repo ';he resu1t of his tabulation to tpe City Council; and WHEREAS, the City Council did meet in ~j.\Il'Il.d regular session on the 17'1:& day of S..te.llb.r, 19-17....., atthe hour of7:QOo'clock P. II. to consider the sealed proposals submitted f'or furn~shing materia1.s and perf01'lll1ng the work hereinabove more particularly described ana set f'orth, and the O#-tJi; lIur1.aa.r of the City of Anaheim did thereupon make his rspo .' ancfSUbmit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed p~posal subml.tted by .&. " ~ ,DELINE CO.. 4&4 W. J'r~e#-. 8tr~lClt ...Q.Atarlo. 04J.YGra1a for the constru~tion, instal1at on and co~ pletion of said LUQ,OLll .VE"I: snu IKPROv:ppt1-', JOB BO. 1100 hereinabove mentioned and des- cribed was the lowest resnonsible proposal submitted therefor, and thereupon ac- cepted said bid and did award a contraot to said j. 41: P PIPIL~JI: CO. for furnishing all p1ant, 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 dr&1t'ings, the said 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 was duly made and entered into on the , 19..27.-; and Dmnr,&$, the said A, &: P PIPELIJIE 00. has tllrrtished dl plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construotion 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, protiles, drawings and specifications prepared b,y ~ lC. KG1YUt; 01 t~ SRR:11l1er ,and the contract made and enterea-- inf.oliRh 1t the ity of Anaheim; and day of WHEREAS, the 01 tr I:H1D.~.r , has duly certified to the construction and completion ot sai public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said A &: P PIPELINE 00. ; and WHEREAS, the City Council finds that said contractor has completed said public illlprovement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of co~ plett on should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. ~ NOW', 'rHEHEFORE, BE IT H"ESOLVED 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 nece~sary to construct, install and complete, in a good and workmanlike manner, in striot accordance with the spe- cifications, plans and drawings therefor on file in the otfice of the City Clerk of the City of Anaheim, together with the appurtenanpes thereto of said public improvement hereinabove more particularly described and set forth, in the City' of Anaheim, by said contractor, be, and the same arehereb,y, 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 1t thirty-tive OS) days tram and after final acceptance of said work as evidenced b;r the adoption 'of this resolution, but not sooner than thirty (0) days after the d4te of the filing of notice of compl~tion, exeepting only such sum or sums as ~ 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 empl~yeeB tram all claims and lia- bilitie. 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 b;r 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 eX/!!cute and file a notice of cOll1pletion of said work as requ11'ed by la.... daiY of 'l'HB FORBGOING RESOLUTION is signed and approved by me this Da~__.r , 19 ~'( . 10ta ~~ ---... ATTES'l'. 1) ,," . ~ ~!rnal. ST',. TE OF CA.LIFORNU ~ COUNTY OF OIWfGE ss. CITY OFANABEIM I, ,~~ K. W~8 , C1 ty Clerk of the City ot Anaheill, do hereby' ce 1f'y th ' e tore going Re80lu.tion hS passed and adopted at a _ regular meeting of the City Council held on the ~dq of -"-v."'t". , 19 'i? ,by the follcnr.l.ng vote of the memberstIiireot. Am. COUNCILIIBN Peanon, Cooas, Fry, Schutte and Wisser NOBS , COUNCILMEN None ABSIIT. COUNCILMEN. Hone AND I FUI'l'H!RCBRTIFY that the Vayor of tile City of Anaheim signed and appro~ said Resolution on the lOth day of >>.~."ar ,19...i.!..-- IN WITNESS 1HEREOF, I have hereunto set my hand and affixed the seal of the City of Anabeiln this 111011 day of >>8""'.1" 19--12-- ~, ~~--- (S$&L) -.3-