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58R-4648 - -- RESOLUTION NO. 4648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVIOES, :MA- TERIALS AND EQ,UIPMENT AND ALL UTILITIES AND TRANS- PORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NEOESSARY TO OONSTRUOT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: '1'[,[: ,;T'1'H();~ S1'RFY'l' SF:WF:FI F,Pi':OVEJi'';";iIf'2, B'ROH SOTTTh ~5~}:;~~_'T'~1~J~: FF:F;'T' SOTTf";1E OF SOUTH STREET, 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 Oity of Anaheim, to wit: The Anaheim Bulletin, on the ')Otb dAV of' Ayri 1 And 7th dAY of' Ma~, 19~, a notice inviting sealed proposals for furnishing th, following: All pla~t, labor, services, ~aterials and equipment, and all uti.litios .'1,] tJ-ansporGatioD, j.ncluding power, f'uel anG water, aDG erformin all work necessary to ci-;nsti'Clct and complete, in s. and lrloI'lcnanlike manner, in strict accordance ',Tit;.] tiLS speclficat.l.o:Js, plans and cirmvi n s therof'or ann le in t(.e off'ice of the C1 ty Clerk or City Ln loser of the Oity of Anaheim, the following lie improvement, to wit: The Citron Street Sewer Imp"cv8'8nt, from Sout.:: street to 845 feet sOl!th of' South Street, cODsistln; Dr t e cGr,stnlctian of an b-inch V.C.P. sewer- letero.l in Citrol) Stre t, from SOlJth Street to 845 C',ec ,".o;,t:, 0 SO'J.t Stra::t, 'nel 'ci'in ;:,achole construction, resurfacing and a,)[,;,.\r.tenant. '''''ark, as indicated on the plans, Job '0. 1126, /~ in aooordanoe with the designs, plans, prOfiles and speoifica- tions prepared by Geol';;:e E. Holvoke. Oi ty .ii:n:J'i MHH" and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notice would be reoeived up until 2-DO o'clock P.X. of the '5+.n day of Hav , 19--5EL, and which said notioe did state and declare that, pursuant to the provisions of Section 1770 of the Labor Oode, 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 contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on Hqy 1 :'::i", , 19..sa....., at the hour of 2:00 o'clock P.M., 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 public, 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 aJ'olJ]'ned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next Qr\~:nllY.Y1~n regular meeting, held on the ?O+:h day of !:ay , 19 So , at the hour of 7:00 o'clock P.M., 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 _ PLULBLC CJl,::'I:"-iG~'(j::iS. INC.. SAl-:T'I'AHY DIVISIOl'-f, 11662 E.',vestminstoy' i1.venue.. Garden Grove, Cali f"ojlni R _ for the construction. installation and completion of said Citron StrEet Sewer Ilprov8Dent. :olJ ~~o. 1126 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said PL:J;.J," 'J' C,j, ['l:;-\C;T'\)I<:;, nn J SA 1"1';.< RY c.:n, L-,IC.; 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 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 PLln:'<:-~:,I~.".3- CC'_L<='l~l.ii ,~;:T0HS.. T l':C" I 3ji~'JT;T A ;Cr' '; j jT\/TS T cnJ which said contract was duly made and entered into on the 26th day of l',OW >> 19-5.L,; and , WHEREAS, the said PLU ,3T.;:~ ,;i)"i'I'HA'-:l'()RShaTilin R~ \T'T',diV JJI\iI2IvL s furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, 1n a good and workmanlike manner, in strict accordance 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;r8or;;oe E.i:olmkp., ni t.y 'ii:nginAAY' , and the contract made and entered by the City of Anaheim; and into with , "- ..LlJ WHEREAS, the 8i tv .bnri neAT' has duly 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 ~-L'I:'i;.:'" '1",:',;H~~J -~h'(: , R~I\T~il"N Dr'll':; T (', ; and WHEREAS, the City Council finds that said contractor has completed said pUblic improvement hereinabove more particularly de- scribed in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accord- ance with the contract documents. -2- "'" NOW D 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 mannerD in strict accordance with the specifioa- tionsD plans and drawings therefor on file in the Offioe of the City Olerk of the City of Anaheim~ together with the appurtenanoes thereto~ said public improvement hereinabove more particularly de- soribed and set forth9 in the City of Anaheim>> by said oontraotor, be, and the same are hereby accepted>> subject. nevertheless. to all the terms, conditions and provisions of the contraot 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 oom- pletion. exoepting only such sum or sums as may lawtully be withheld in accordanoe with the provisions of said oontraot and contraot doouments. That acoeptance 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 offioers. agents and employees from all claims and liabilities due the oontraotor for anything done or furnished or withheld or for anything relating to the work Or any aot or neglect of the City. its offioers, agents and em- ployees. exoepting only olaims against the City for any amounts withheld by the City at the time of suoh payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim bej and they are hereby authorized to exeoute and file a notice of oompletion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 1 c;Ul day of .TJ11y . 19~o ?-/ . ./)~..~ ~.~~~ KAYOR OF THE CITY OF ANAHEIX AT~ST ~ _'/_' )_ -- ~'~r ' ~#CLERi'~ T~ ill-fO;Ai.AiEIM STATE OF CALIFORNIA ) COUITY OF ORANGE ) SSg CITY OF ANAHEIM ) I, .J.d,,,,.. "j'l.LTAT,S >> City Clerk of the City of Anaheim. do hereby oertify that the foregoing resolution wal intro- duoed and adopted at an i'lr1iJ"lH'Y1prl regular meeting provided by law of the City Counoil of the ity of Anaheim. held on the l~r.n day Of JulV 9 19-5.L. by the following vote~ AYES: COUNOILXEN: Pearson, borden, Fry, Schutte and Coons. HOES: COUNCILMEN ~ >J one. - ABSENT~ COUNCILKEN~ None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the lS'th day of Julv . 19~o IN WITNESS WHEREOF, I have hereunto set my hand and afrixed the offioial seal of the City of Allaheim this 15th day of ,1ll1-, 9 19~. (SEAL) , ' - -- '--- 9---- . A-iff~ )7(_ ];~~""mHE 01 CLERK OF THE CITY OF AN IX -3-