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59R-5231 --. - RESOLUTION NOo 5231 A RESOLUTION OF THE CITY COUNOIL OF THE OITY or ANAHEIM FINALLY ACCEPTING THE COKPLETION AND THE FURNISHING OF ALL PI.ANT D LABOR~ SJ:RVIOE:Sp MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANs.. PORTATION INCLUDING POWERD FUEL AND WATER, AND PERFORMING ALL WORK NEOESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TEE ROMNRYA DRTVR ~l<;Wli:R TMPF/OVl<,MF.NT, FROM hOO FEET RAST OF "RrTr.r.TD AVF.NTTF. '1"0 "Rrrr.r.TD llVF.NTTF., ..lOB N!la "53. _ WHEREAS, the City Council of the Oity of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to witt The Anaheim Gazette on the 12th and 19th gays of March , 19~9 a notlce lfiviting sealed proposals for furnishing the following~ All plant, labor. services, materials and ~quipment, and all utilities and transpor- tation, 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 speci- fications, 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: The Romneya Drive Sewer Improvement, from 600 feet east of . Euclid Avenue to Euclid Avenue. consisting of the construction of an 8-inch V. C. P. sewer lateral in Romneya Drive, from 600 feet east of Euclid Avenue to Euclid Avenue, including trenching, manhole construction, backfill, resurfacing and appurtenant work as indicated on the plans, Job No. 1153. -- in aocordanoe with the designs, plans~ profiles and speoifioa- tions prepared by Thornton E. Piersall, City Engineer and the notioe inviting sealed proposalsc whioh said notioe speoi- fied that sealed proposals as speoified in said notice would be reoeived up until 2:00 o'olook PoKe of the 26th day of March. , 19..2.2-, and whioh said notioe did state and deolare that, pursuant to the provisions of Seotion 1?70 of the Labor Oode, the City Council of the City of Anaheim had asoertained the prevailing rate of wages for each type of labor needed to exe- oute said contract and did set forth the prevailing ho~ly wage scale so ascertained; and . WHEREAS. OL MA"t>t\h ='6 ~ 19~. at the ho~ of ?oo o'olock P.M.c the City' Clerk and City Engineer of the -1- .... ,....-..- Oity of Anaheim did open said sealed proposals received ~p to that time for tr~ furnishing of all plant>> labor, servioes, materials and equipment. and all utilities and transportation, inoluding power, fuel and water, and performing all work necessary to oon- struct and complete, in a good and workmanlike manner, 1n striot 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 partioularly described and set forth, in public>> in the City Council Chamber in the City Hall, Anaheim, California. and the O:l..ty Engineer did tabulate the result of said sealed proposals and did make a report to the Oity Council at its next <".d<jou.~e.d ~~regular meeting 9 and WHEREAS, the City Council of the City of Anaheim did. at its next . IHljml1"n...rl ~egular meeting. held on the 3' "f: day of Mal"Qh_~__, 19~, at the hour of ---z:!.oo o'clook P.X., consider tr~ sealed proposals submitted for furni~hing the materi- als and performing the work hereinabove more partioularly described and set forth, and did thereupon find and determine that the sealed proposal submitted byACE PIPELINE CONSTRUCTION COMPANY. 1312 West First Street. Pomona, CalirorniA for the construction, installation and completion of said 8-inch V. C. P. sewer lateral in Romneya Drive, Job No. 11~i hereinabove mentioned and describedD was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said ACE PIPELINE CONSTRUCTTON COMPANY for furnishing all plant>> labor. . servioes, materials and equipment and all utilities and transportation; including power. fuel and water>> and performing all work necessary to construot and complete, in a good and workmanlike manner" in strict accordance with the specifications, plansD and drawings, the said pUblic improvement as speoified in said notice inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a contract for and on behalf of the City of Anaheim with _ ACE PIPELINE .QONSTRUCTTON COMPANY which said contract was duly made and entered into on the 3pa day of April~, 19~."S~t; and WHEREAS, the said hCE PTPRT.TNR (,!ON~'1'RTT~'1'ION COMPll.NV .. has furnished all plant, labor~ services, materials and equipment and all utilities and transportation. and performed all work necessary for the oon- struction and completion, In a good and workmanlike manner, in strict accordance with the specifications>> plans 9 drawings, of said public improvement as specified in the notioe inviting sealed pro- posals and in the detail, design, plans. prOfiles. drawings and speoifications prepared by Thornto~ Eo PiA1"RA". City Eng;n...~1" . _ "and the contraot made and entered into with i t ~ by the C1 ty of Anaheim; and WHEREAS>> the _ (lif:,. Engi"...... has dull' certlfled to the constructlon and completion of said pUblic improve- ment here~nabove mentioned and described>> in aocordanoe with the plans and speoifications and the oontract doouments duly made and entered into with said AC~ P~PELINE CONSTmrQTION COMPANY . >,,_.~ ; and WHEREAS, the City Oounoil finds that said contractor has completed said pUblic improvement hereinabove more particularly de- scribed 1n accordanoe with the provisions of the oontraot and the oontract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in acoord- ance with the contraot documents. :.:>>2...., -...... - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performanoe of all work necessary to construot, install and complete, in a good and workmanlike manner, in strict accordance with the specifioa- tions. plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto>> said pUblic improvement hereinabove more particularly de- scribed and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby accepted. subject. nevertheless, to all the terms, conditions and provisions of the oontraot doouments. and that the balance due said contractor for said work be paid to :l t thirty-flve (35) days from and after final acceptanoe of said work as evidenced by the adoption of this resolution9 but not sooner than thirty (30) days after the date of the filing of notice of oom- pletion>> excepting only such sum Or sums as may lawfully be withheld in aocordance with the provisions of said contraot and oontract doouments. That acoeptanoe by the contractor 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 due the contractor for anything done or furnished or withheld or for anything relating to the work or any act or negleot of the City, its officers. agents and em- ployees, exoepting only olaims 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 notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this _ 12tJ1_ day of Mav . I 9--S;L 0 ~T ST: %~ C TY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COURTY OF ORJ.NGE ) seD CITY OF ANAHEIM ) 19 DENE M. WILLIAMS . City Olerk of the Oity of Anaheim, do hereby oertify that the foregoing resolution was intro- duoed and adopted at a ---- regular meeting provided by law of the City Counoil of the City of Anaheim. held on the 12th day of Mav . 19-5.2. by the following vote: M' $;aL".t6:- KAYOR OF HE CITY OF A'RAHEIX AYES: NOES: COU.OILMEN: Borden, Coons, Fry, Pearson and Schutte COU.CILMEN: None ,- ABSENT: OOUNCILMEN: None AND I FURTHER OERTIFY that the Mayor Anaheim approved and signed said resolution on MQ;r . 19~. IN WITNESS WHEREOF. the official seal of the City Ansneim , 19~. of the Oity of the 12th day of ( SEAL ) I have hereunto set my hand and affixed of Anaheim this l?tn day of ( )J -~~b . ~FttrOF THE d~IX -)-