59R-5175
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RESOLUTION NOo 5175
A RESOLUTION OF THE CITY COUNCIL or THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL P:t..ANT ~ LABOR, SERVICES, MA-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT. TO WI'r:
:L'RiL CYPl'lF.SS AV1'i1liITl1il SlilWlilR TMPRnV1l!V1i1l.J111, ,pgnM 4.l'lmO,XIM.A~U
70ls. nlilT lJORTR 1'1'11' llnlJ'lJllW.l TmJV1P. "'1'1 APJlROXIMATJlY ~511 ~111
~ORTH _O!- ROMNEYA DRIVE.. JOB lfO. 111:1:2
WHEREASD the Oity Council of the City of Anahelm did
cause to, be published in a newspaper of general oiroulation,
printed,. published and circulated in the City of Anaheim, to wit:
The Anahel!! Gazette on the 18th and 2.c;th d'Ql'll "of' S..p+...",n..,. ,
19~. a f"otlce invi tlng sealed proposals for furnishing the
following~
All plant, labor, serTices, materials and equipment,
and.all utilities and transportation. including power,
fuel and water, and pertorming all work necessary to
construct 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 Engineer or City Clerk ot the City ot Anaheim,
the following public improTsment, to wit: The Cypress
Avenue Sewer ImproTement, consisting of the construction
of an 8 - inch V. C. P. sewer lateral on the east side ot
Cypress Avenue, from approximately 704 feet north of
Romneya Drive to approximately 254 feet north of Romneya
Drive, including excavation, trenching, backfill, cons-
struction of house laterals, jacking under Cypress ATenne,
and appurtenant work as indicated on the plans, Job lio. 1142,
".-.... "
in aooordance with the designsp plansD prOfiles and speo1fica-
tions prepared by Georll:8 E. Holyoke. City :&n...ineer
and the notice inviting sealed proposals, whioh said notioe speoi-
fied that sealed proposals as speCified in said notioe would be
reoeived up until 2:00 o'olook P.M. of the ,,~?d day of
October . . 19~, and which said notioe did state and
deolare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had asoertained
the prevailing rate of wages for eaoh type of labor needed to exe-
cute said contraot and did set forth the prevailing hourly vage
soale so asoertained; and .
WHEREAS. on O~t('}bA1" Z _ 19..2!L.at the hour of
2:00 oGolock P.M., the Oity Clerk and City Engineer of the
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Oity of Anaheim did open said sealed proposals received up to that
time for the furnishing of all plant, labor. services, materials
and equipmentg 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 speclflcatlons, plans and drawings therefor
on file in, the Office of the 01 ty Clerk of the City of Anaheim.
the public imprO'.rement hereinabove more particularly described and
set forth, in pl.lbli,c, in the CUy Council Chamber in the City Hall,
Anaheim, California, and the C:.i,ty Engineer did tabulate the result
of said sealed proposals and did make a report to the City Council
at it B next adjourned ~~,,~regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next adjourned regular meeting, held on the 7th day
of Octob!r,~~",~~~_, 19~, at the hour of .2:00 01 clook P.M.,
consider the sealed proposals submitted for furnishing the materi-
als and performing the work hereinabove more partioularly desoribed
and set forth>> and did thereupon find and determine that the sealed
proposal submitted by .l) &, 5 CQlsTRUCTIOli. 1632 W '26th Sb....t
Torrance, Ca1iforhia
for the construction.,lnstallation and oompletion of said8 - inch
V. C. P. sewer 1aterelon the east side of O~~eAa A~.m'A 3nn Nn, "u~
hereinabove mentioned and described, was the lowest responsible
proposal sl.lbmi t ted therefor>> and there upon accepted said bid and
did award a contract to said .'"~S&,S Construction Co.
for furnishinglili-plant~J~bor~ services. materials and equipment
and all utilities and transportatlonv inoluding 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. plans, and drawings. the said pUblio improvement as
specified in said notice inviting sealed proposals>> and did author-
ize 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
5 &, 5 Construction
which said contract was duly made'and entered into on the 9th
day of ~ctobe~~~~" 19 28 _~; and
,
WHEREAS. the sald ~~~" S & ~t CQ~!l~~~riQ~',~ .~_.__ _
has furnished all
plant. labor; services, 'materials-and equipment and all utilities
and transportation>> and performed all work neoessary for the oon-
struction and completion, in a good and workmanlike manner. in
strict acoordance 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
specifications prepared by Geor~e E. HnlynlrA. Oity....gi........
, and the oontract made and entered
into w1th~-- l~ .~~--by the City of Anaheim~ and
WHEREAS. the .. = Cit~ Endneer ,,,,_has du17
certified to the construction and completion of said pUblic improve-
ment hereinabove mentioned and described, in accordance with, the
plans and specifications and the contract documen.ts duly mac3.e and
entered into wit h said S. & 5 COnAt.....,l!ti n..~
.__~_"...~..~~~___..." ._~ and
WHEREAS, the City Council finds that said contractor has
completed said pUblic improvement hereinabove more partioularly de-
soribed in accordance with the provisions of the contraot and the
contract documents. and that notlce of completion should be filed
and payment of the balanoe due said contractor authorized in aooord-
ance with the oontract docllllum.tso
~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 performance
of all work necessary to construct, install and complete, in a good
and workmanlike manner~ in strict accordance with the specifica-
tions, plans and drawings therefor on file in the Office of the City
Olerk of the City of Anaheim~ together with the appurtenances
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 contract documents, 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 com-
pletion, 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 liabilities 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 em-
ployees. 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.
THE FOREGOING RESOLUTION is approved and signed by me
this 21st day of April , 19-22-.
~ \~I ~j~
MAY OF HE C OF ANAHEIX ..
AT~ST :
v-
iVC~TY~CLE~ ~F TFiE ':ctiy'-'OFANAHEIK
STATE OF CALIFORNIA )
COUNTY OF ORANGi ) SSe
CITY OF ANAHEIM )
I>> Dene M. Willillll.s , Oi ty Clerk of the Oi ty ot
Anaheim, do hereby certify that the foregoing resolution was intro-
duced and adopted at 8\. adjourned regular meeting provided by law
of the City Council of the City of Anaheim, held on the 21st day
of April , 19~> by the following vote:
NOES:
COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte
COUNCILMEN; None
AYES:
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ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Kayor of the Oi ty of
Anaheim approved and signed said resolution on the 21st day of
.A,priJ >> 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 21st day of
A'Pril , 19..22.-.
( SEAL )
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