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58R-4504 - ,~ RESOLUTI ON NO. 4504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AlABEIM FINALLY ACCEPTING TiE COMPLETION AND THE FURlIISHING OF ALL PLAIT, LABOR, SERVICES, MA- TERIALS AJlD EQUIPKENT AND ALL UTILITIES .AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE HARBOR BOULEVARD SEWER IMPROVEMENT, FROM KATELLA AVENUE TO 1.200 FEET NORTHERLY. JOB NO. lllo. WHEREAS. the City Counoil of the City of Anahe1m d1d cause to be pub11shed 1n a newspaper of general c1rculation, pr1nted, pub11shed and ciroulated 1n the City of Anahe1m, to wit: The Anaheim Bullet1n, on the 16th and 23rd days of January , 19~, a notice inviting sealed proposals for furnishing the follow1ng: All plant. labor. services. materials and equip- ment. and all utilities and transportation. in- cluding power. fuel and water. and performing all work necessary to construct and complete in a good and workmanlike manner. in strict accord- ance 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 fol- lowing public improvement. to wit: The Harbor Boulevard Sewer Improvement. consisting of the construction of a V.C.P. sewer lateral in Harbor Boulevard from Katella Avenue to 1.200 feet north of Katella Avenue. including trenching. manhole construction. resurfacing and appurtenant work. as indicated on the plans. Job No. 1116. --- in aocordanoe with the designs, plans, prof1les and speo1f1oa- tion. prepared by Georoe E. Holyoke. Ci~y F.nwinPA~ &ad the notioe inviting sealed proposals, which said notioe Ipeoi- ~led that sealed proposals as speCified in said notioe wou1d be rece1ved Up unt1l 2:00 o'clock P... of the 30th day of ~anuarv , 19~, and whioh said notice did state and deolare that, pursuant to the prOVisions of Section 1770 of the Labor Code, the Cit, Council of the City of Anahe1m had ascertained the prevai11ng rate of wages for eaoh type of labor needed to exe- oute sa1d oontraot and did set forth the preva1l1ng hourly wage 80ale so ascertained; and WHEREAS, on January 30 ,19~, at the hour of o'clock P.K., the City Clerk and City Engineer of the 2:00 -1- .- - Oity of Anaheim did open said sealed proposals reoeived up to that time for the furnishing of all plant, labor, servioes, materials and equip.ent, and all utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to oon- struot and complete. in a good and workmanlike manner, in striot accordance with the specifications, plans and drawings therefor on file in the Offioe of the City Clerk of the City of Anahelm, the public improvement hereinabove more particularly described and set forth, in publio, in the City Council Chamber in the Oity 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 adiourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adiourned regular meeting, held on the 4th day of Februarv . 19~. at the hour of 7:00 o'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 ACE PIPELINE CONSTRUCTION CO.. 1312 W. First Street. Pomona. California. for the oonstruotion, installation and oompletion of said HARBOR BOULEVARD SEWER IMPROVEMENT. JOB NO. 1116. hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon aooepted said bid and did award a oontraot to said ACE PIPELINE CONSTRUCTION CO.. 1312 W. First Street. Pomona. Califor~ia. for furnishing all plaht, labor, servioes, materials and equipment and all utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to oonstruct and complete, in a good and workmanlike manner, in strict accordanoe with the speoifications, 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 oontract for and on behalf of the City of Anaheim with ACE PIPELINE CONSTRUCTION CO.. 1312 W. First Street. Pomona. California. wAloh said oontract was duly made and entered into on the 7th day of February. >>19~; and WHEREAS. the said ACE PIPELINE CONSTRUCTION CO. 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 strict accordance with the specifications, plans, drawings, of said pUblic improvement as specified in the notioe inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and specifications prepared by GeorQe E. Holvoke. City Enaineer , and the oontract made and entered into with 1. t by the City of Anaheim; and WHEREAS, the Ci tv EnQineer :bas duly certified to the oonstruotion and oompletion of said pUblic improve- ment hereinabove mentioned and described, in accordanoe with the plans and specifications and the contract documents duly made and entered into with said ACE PIPELINE CONSTRUCTION CO. ; and - ,...-..... WHEREAS, the City Oouncil finds that said oontraotor has completed said pUblic improvement hereinabove more particularly de- scribed in acoordance with the prOVisions of the contraot and the oontraot documents, and that notioe of oompletion should be filed aBd payment of the balanoe due said oontraotor authorized in acoord- anoe with the contraot doouments. -2- -- - - NOW. THEREFORE>> BE IT RESOLVED by the City CouncH 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 construct. install and complete, in a good and workmanlike manner. in strict accordance with the speoifioa- tions. plans and drawings therefor on file in the Office of the City Clerk 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 contraotor, be. and the same are hereby aocepted. subJeot. nevertheless, to all the terms, conditions and prOVisions of the contraot documents, and that the balanoe due said contractor for said work be paid to it thirty-five (35) days from and after final aooeptance of said work as evidenced by the adoption of this resolution, but not SOORer than thirty (30) days after the date of the filing of notice of Oom- pletion. exoepting only such sum or sums as may lawfully be withheld in aocordanoe with the provisions of said oontract and contraot 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 negleot of the City. its offioers. agents and em- ployees, exoepting only cla1ms against the City for any amounts withheld by the City at the time of such payment~ AID BE IT FURTHER RESOLVED that the Mayor and the Cl ty Olerk of the City of Anaheim be. and they are hereby authorlzed 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 6th day of May . 19.....5..fL. ~~~~ A'f": ~::hr T~IK STATE OF OALIFORNIA ) COUIfi OF OBAlfGE ) 8S. OI'fY OF A'ABEIK ) I. DENE M. WILLIAMS >> Ci ty Clerk of the Oi ty of A..heim. do hereby certify that the foregoing resolution Val iRtro- du.ced and adopted at an ad60urned regular meeting prOVided by lav of the City Council of the ity of Anaheim, held on the 6th day of May . 19~. by the following vote: AYES: l\10ES: COUIOILKElh Pearson, Borden, Fry, Schutte and Coons COURCILKEJh None .ABSB:IT: OOUJlOlLUI: None AND I FURTHER CERTIFY that the Kayor of the City of A8.neim approved and signed said resolu.tion on the 6th d81 of Mav . 19~o IN WITNESS WHEREOF, I have hereunto set my hand aDd affixe4 the official seal of the City of Anaheim this 6th d81 of May , 19...5.8...e /) ~~; ~6~~~ -3- (lEAL) r--.