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59R-5113 - "".....-..... RESOLUTI ON NO. 5113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .lHAHEIK FIIALLY ACCEPTING THE COMPLETION AID THE FURJlISHING OF ALL PLAIT, LABOR, SERVICES, 1IA- TERIALS AND E~UIPHENT AND .ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING .ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IKPROVEMENT, TO WIT: Tim BASHR S!l'RD! SJlWJ:R IMHlOVEMJIft. mOM XA!JILLA AVE:NUE ro 1.000 J'D! soum OJ' KA.DLLA. ATDU:Z, JOB NO. 1147. WHEREAS, the City Counoil of the City of Anaheim aid cause to be published in a newspaper of general ciroulation, printed, published and oiroulated in the City of Anaheim, to wit: The Anaheim hi.". , on the 18th And 2"'t1l. clJLvs of DIIlCllIIIlblllr . 19~, a notice inviting sealed proposals 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 construct and complete in a good and workmanlike manner. in stric' accordance with the apecificatioas, plans sad drawings therefor on file in the office of the City lDgineer Gr City Clerk of the City of Anaheim. the following public improvement. to wit: The Raster Street Sewer Improvement. consisting of the construction of an 8-inCh V.C.P. sewer lateral in Raster Street. from Katella Avenue to 1.000 feet south of Xatella Aveune. including standard manholes. standard house laterals and construction of temporary pavement. and appurtenant work as indicated on the plans. Job Bo. 1147. - in accordanoe with the designs, plans, profiles and speoifica- tions prepared by !hornton Piersall. City luineer and the notioe inviting sealed proposals, which said notice speci- tied that sealed proposalS as speoified in said notioe would be received up until 2:00 o' clook P.K. of the 8th day of Juuary , 19 59 , and whioh 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 ascertained the prevailing rate of wages for eaoh type of labor needed to exe- oute said contract and did set forth the prevailing hourly wage Icale so ascertained; and WHEREAS, on January 8 , 19-52-, at the hour of 2:00 o'olook P.K., the City Clerk and City Engineer of the -1- ~ ,-- City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, 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 specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in publio, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 13th day of Januar:v , 19...22-, at the hour of 7:00 0 I clock P .K. . consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by Orange County Construction Com'PlIDY'. 2069 Marde Lane. Anaheim. California. for the construction, installation and completion of said Raster Street Sewer ImprOTem_t. Job No. 1147 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said OrAn- Counb Construction Colll"D8Jl.v. 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 accordance with the specifications, plans, 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 oontraot for and on behalf of the City of Anaheim with Orange County Construction Company whioh said contraot was duly made and entered into on the 14th day of J8JlU8.l'Y , 19-22-; and WHEREAS, the said Orange County Construction Company has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in striot accordance with the specifications, plans, drawings, of said public improvement as speoified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and specifications prepared by Thornton Pienall. City EIl&ineer , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the City lilngineer has dull 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 documents duly made and entered into with said Orange County Construction Company ; and , -. WHEREAS, the City Council finds that said contractor has oompleted said pUblic improvement hereinabove more particularly de- scribed in accordanoe with the prOVisions of the contract and the oontract documents, and that notice of completion should be filed and payment of the balanoe due said contractor authorized in aocord- ance with the contract documents. -2- - ,.- NOW. THEREFORE. BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant. labor. services>> materials and equipment and all utilities and transportation>> and the performanoe of all work neoessary to construot. install and complete, in a good and workmanlike manner. in striot acoordanoe with the speoifioa- tions. plans and drawings therefor on file in the Offioe of the City Olerk of the City of Anaheim. together with the appurtenanoes thereto. said pUblio improvement hereinabove mOre particularly de- scribed and set forth. in the City of Anaheim. by said contractors be. and the same are hereby acoepted. subject. nevertheless>> to all the termss conditions and prOVisions of the contract documents, and that the balance due said contraotor for said work be paid to it thirty-five (35) days from and after final aoceptance 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 notioe of oom- pletion. exoepting only suoh sum or sums as may lawfully be withheld in accordanoe with the prOVisions of said oontraot and oontraot doouments. That acceptance by the contraotor of said payments made in aooordanoe with said final estimate shall operate and shall be a release to the City of Anaheim. its officerss agents and employees from all claims and liabilities due the contraotor 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 01a1ms 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 exeoute and file a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of March . 19....5i-o AT~ST : ~fio2~F ~~~IK STATE OF OALIFORNIA ) oouln OF ORANGE ) sa. CITY OF AlfAHEIK ) I. DUE M. WILLIAMS . City Clerk of the Oity of Anaheim. do hereby certify that the foregoing resolution was intro- duoed and adopted at a ---- regular meeting provided by law of the City Council of the City of Anaheim. held on the 24th day of March >> 19......5!L.. by the following vote: AYES: COU.OILllEN: Borden, Coons, Fry, Pearson and Schutte ()~ MAYOH OF f?f~~ CITY OF AlIAHEIX NOES: COUNOILHEJh None r'-"" ABSENT: OOUNCILMEN: None AND I FURTHER CERTIFY that the Kayor of the City of Anaheim approved and signed said resolution on the 24th day of Mar ch . 19....22..... 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offioial seal of the C1 ty of Anaheim this 24u day of March . 19~0 ~ / ~ ~ h;p' > . (SEAL) am a ~F ~~ -3-