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58R-4320 (14) RESOLUTION NO. 4532 ~...~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LlOOR, SEP.... VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POQR, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWI, ,NG PUBLI, . C IMPROVEMENTs w- ~~:~O~~TT~~:lmnr~ . VE PLAffii:WT:q A~a, .AliD 'OR~t,Y 011 CYPRESS AYEa :I'O A PQDlT 6101 SOll'fll OF O1UIfGE_ THORPE AVE., JOB NO. 1107.' ~, 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 wits The Anaheim Bulletin, on the 2h. th day of ~et)t. an. lit day of October, 19 57 , a notice inviting sealed. pro- posals for furnishing the followings All plant, labor, services, materials and equipment, and all .tilities and transportation, including power, 1'uel and water, and performing all work necessary to construot and complete in a good and workmanlike manner, in striot aocordance 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 Romneya-Cypres8 Sewer Lateral, consisting of the construotion ot a V.C.P. sewer lateral in Romneya Drive from 660 feet west of Placentia Avenue to Placentia Avenue, and northerly on Cypress Avenue to a point 670 feet south of Orangethorpe Avenue, including trenohing, manhole construction, backfill, resurfacing on Cypress Avenue, and appurtenant work as indicated on the plans, Job No. 1107, in accordance with the design!l_ plans, profiles and specifi cations prepared by Geo E. Holyoke, C1ty ~1neer and the notice inviting sealed plOpo 8, which sai notice specified that sealed. proposals as specified in said IJlitice would be received up until 1 : 00 0' clock P. M. of the 8th day of . October , 19...2l, 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 tl1e 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 October ,l9t? , at the hour of 1:00 o'clockP.M.of said date, said City Council id held 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 e1 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 to the City Coun~ Ineer did thereupon examine and tabulate said sealed pro- ne 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-:1 at the hour of7:00 o'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 C1 t~hQ'1neer of the City of Anaheim did thereupon make his repo and submit his tabulation of said sealed proposals:l and the City Council did thereupon find and determine that the sealed proposal submitted by FA J. MORAlI & SOli~ 610 East Holt Blvd.. OntarIo. CaUfornia for the construction, installation and co~ pletion of said ROMliEYA-CYPRESS S1i!1omR LATERAL. JOB liO. 1107 hereinabove mentioned and des- cribed was the lowest responsible propos~l submitted therefor, and thereupon ac- cepted said bid and did award a contract to said F. J. MORAli & SOli for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water:l 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 proposals9 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 _____ F ~ MO~AW k ~OW, 610 RARt Holt BlvdA_ On~.~1o, D.'i~A~n1. which said contract was dul,y made and entered lnto on the '7t:h day of n...t:nha'P' , 19~; and WHEREAS, the said F. J. MORAli ac SOli 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 a.ora. E . Holyoke. 01 ty Engineer_, and the contract made and enterea- into with it by the City of Anaheim; and WHEREAS, the Oi ty Engineer the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said ; and has duly certified to improvement hereinabove mentioned specifications and the contract F. JA MORA" lk SOIT 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 co~ pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -..- NOW, THEREFORE.. BE IT Hl!: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 Anaheim.. together with the appurtenances thereto of said public improvement hereinabove more pp.rticularly 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 said work be paid to it thirty-five (35) days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of complption, excepting only such sum or sums as rn~ 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 MaT , 19 $8 . 20th /, ,-, B / 1../ .' " ,. " /'"'" (--~~,~ MAYOR OF THE CITY OF ANAHEIM ATTESTt /~ ~'hr - ~~"'., . , / , Z / J <~<: C TY CLERK OF THE CITY ot A~IM STATE OF CALIFORNIA )~ COUNTY OF ORANGE CITY OF ANll$IM ss. I, DElE M. WILLIAMS , City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at liD ~urned. regular meeting of the City Council held on the 20th day of _ , 19 S8 , by the following vote of the members thereof, AYESt COUNCILMEN Pearson, Borden, Fry, Schutte and Coons NOES: COUNCILMEN None ABSENT, COUNCILMEN s None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 20th day of May , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and' affixed the seal of the Cit;'l of Anaheim this 20th day of May, 19~. ._.,."~- /- ~. ~ zz- . C~TY C 'OF TH~J4 (SEAL) -3-