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1954-2381RESOLUTION NO .2 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AAHEIIVI FINALLY ACCEPTING THE COMPLETION AND 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 CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: CONSTRUCTION TRUCTI ON OF SANITARY SEWERS IN EAST SOUTH STREET FROM PLACENTIA AVE. T07460 FT. EAST OF GROVE AVE., JOB NO. 1003. WHEREAS, the City Council of the City of Anaheim did cuse to be published.iri a newspaper of general circulation printed., published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 12th day miE and the 18th day of February,,_ 1954_ �2, a notice invitin sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, in- cluding power, fuel and water, and pa rforming 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 Clerk of the City of Anaheim, the construction of a ten -inch (10 V.C.P. sewer lateral in East South Street from Placentia Avenue to 460 feet East of Grove Avenue, including trenching, manhole con- struction, wye branches, backfill, flooding and appurtenant work, Job No. 1003, in accordance with the designs, plans, profiles and specifications prepared by George E. xolyoke.City FngineQr and the notice inviting sealed proposals, which said notice specified that sealed proposals Es specified in said notice would be received up until 8:00 o'clock P.M. of the 23rd day of February 19 54 and which said notice did state and declare that, pursuant to the provisions of Section 1770 of tLe Labor Code, the City Council of the City of Anaheim had ascertained the pre- vailing rate of wages for each type of labor needed to execute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, at a regular meeting of the City Council held on the 23rd day of Februaav 19 5) at the hour of 8:00 o'clock P.M. of said pate, said City Council did hold a public hearing for the purpose of opening sealed proposals re- ceived up to that time, for furnishing of all plant, labor, servi- ces, materials and equipment and all utilities and transportation, including bower, fuel and ater, and performing 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 Clerk of the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the City Engineer for examination, tabulation and report to the City Council, and said City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabu- lation to the City Council; and WHEREAS, the City Council did meet in regular session on the 9th day of March 19 54 at the hour of 8:00 olclock P.M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the City Engineer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by ANGELO ROSSI CONSTRUCTION COMPANY, 2480 RAMONA BOULEVARD, LOS ANGELES 33, CALIFORNIA for the construction, installation and completion of said EAST SOUTH STREET SEWER IMPROVEMENT, JOB NO.1003, hereinabove mentioned and described was the lowest responsible pro)osal.° submitted therefor, and thereupon accepted said bid and did award a contract to said Angelo Rossi Construction Company for furnishing all plant, labor, services, materials and equip- ment 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 authorize 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 Angelo Rossi Construction Company which said contract was duly made and entered into on the 10th day of March 1954 and WHEREAS, the saidAngelo Rossi Construction Co, has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and work- manlike manner in strict accordance with the specifications, plans and drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, d7.sign, plans, pro- files, drawings and specifications prepared by George E. Holyoke, City Engineer and the contract made and entered into with him by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specific- ations and the contract documents duly made and entered into with said Angelo Rossi Construction Co, and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described 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 accordance with the contract 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 per- formance of all work necessary to construct, install 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 together with the ap purtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same is 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 him 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 completion, excepting only such sum or sums as may lawfully be withheld in accordance with the pro- visions of said contract and contract documents. That acceptance by the contractors 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 employees, 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 re- quired by law. THE FOREGOING RESOLUTION was signed and approved by me this 13th day of April 19 54 ATTEST: CLERK OF THE OF ANAHEIM AHEIM M OR OF THE C Y OF ANAHE STATE OF CALIFORNIA: COUNTY OF ORANGE 4 ss. CITY OF ANAHEIM (SEAL) I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of April, 1954, by the following votes of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMAN: Schutte. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of April, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim, this 13th day of April, 1954. (z e City C1er, the City of Anaheim