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59R-5625 RE80LUTI ON NO 0 5625 A RESOLUTION OF THE CITY COUNCIL or THE CITY or ANAHEIM FINALLY ACCEPTING THE COXPLETION AND THE FURNISHING OF ALL PJ,.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 COMPLETE Tflli FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THEBROOKHURST STREET SEWER IMPROVffi1ENT, FROM 13ALL~ROAtlT0I960 FEET SOUTH OF BALL ROAD, ~";ro.B Ii9~~~J162 0 ~_ ~".~.~__~. WHEREAS.< 1;he City Coqr,cU of the City of Anaheim did cause to be publlshed in a newspaper of general circulation, printed, publ:l.shed and circulated in the 01 ty of Anaheim. to wit: The Anahe im Gazette. on the 16th and 23rd days of July J 19.5L, a nt:t:J.;.:;,e lmri ting sealed proposals for furnishing the follow1ng~ 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 therefor on file in the office of the City Engineer or City Clerk of the City of Anaheim~ the following public improvement~ to wit: The Brook- hurst Street Sewer Improvement, consisting of the construction of an 8-inch V.C.P. sewer lateral in Brookhurst Street, from Ball Road to 960 feet south of Ball Road, including excavation, trenching, backfill and flooding, resurfacing, construction of manholes. construction of 4-inch house laterals, and appurtenant work as indicated on the plans, Job No. 11630 in aocordance with the designs" plans, prOfiles and specifIca- tions prepared by Thornton Ea~iA~sall, City Eniineer,. and the notice inviting sealed proposalsD which said notice speoi- fied that sealed proposals as specified in said notice would be I'. ecelved..up...unti..l ~2:~ o'olook P.Mp of the .,", 10th day or .Tuly _. "_~~~o,9 19 . D and whioh said notice did state and declare that, pursuant to the provlsions of Section 17'70 0:1:' the Labor Code, the City Council of the City of Anaheim had ascertained the prevailIng rate of wages for each type of labor needed to exe- cute said contract and did set forth the prevailing hourly wage scale so ascertained; and . WHEREAS, on Jul;r .l.0 j) 1 9.2L. , at the hour of o'clock P.M," the City Olerk and City Engineer of the 2:00 -1- ..,..,........--'..~...._--,..__..,-.-,._""......--_,~.,...,_..._,..."'-,,..-,,--. City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant" labor. servioes, materials and equipment, and all utili ties and transportation, including power 9 fuel and water, and performlng all work necessary to con- struct and complete, in a good ,a:ndwor'kmanlike manner, in strict accordance with the specif'lcat :ions, plans and drawings therefor on file Ln the Office of the C2t:y Clerk of the City of Anaheim>> the pub} 10 1.mpY'Ciyement herelnabov~ more particularly desoribed and set forth, tr" pclbU.c"ln the Oity Gouncil Chamber in the City Hall, Anaheim, Calj.foI'nia, and the Olty Engineer did tabulate the result of said sealed proposal.s and did ma.ke a report to the City Council at its next ~_<adjoU:tDc~~"reg'J.la:r' meeting; and WHEREAS, the City COi,mcdl af the City of Anaheim did. at its next ad iourned ~oo~egular meeting p held on the 4th day of~~_August ._o~'~~.~"' 195:~L..o' at the hour of 7:00 0' clock P.M.. consider the sealed proposals embmltted for furnishing the materi- als and performlng the work. hereinabove more particularly described and set f"orth9 and d:1.d thereuponf'lnd and determine that the sealed proposal submltted by PL:Q11B:ING .CO!iTRACTORSi INC.t SANITARY DIVISION, 11662 E. WestminsteruA~enue-L-~~~a Ana, Ca iforn~a, for the construction, installation and completion of said BrookhuI'.~t Stree:t_ Sewer Improvement, Job No. 1163 hereinabove mentioned and described, was the lowest responsible proposal subm1 tted therefor, and thereupon accepted said bid and did award a contract to saido~:~:J..Ul:IBI]W CQNTRACTORS . INC., SANITARY DIVI::;IOli[.J.~~c.~,.....~~. ._.....__.. ..~...~~~c for furnishing all plant, labor., servlces. materials and equipment and all utllUies and transportat.i.on, including power. fuel and water9 and performing all work necessary to construct and complete, in a good and workmanlike manne!"." l:n strict accordanoe with the speoificat.1.ons,. plans,. and drawlr:,.gs,. the said pUblic improvement as specified In said notice :lnv1.tJng sealed proposals. and did author- ize the Mayor and the 01 t,} Olerk of the Oi ty of Anaheim to execute a contract for and on behalf of' the CUy of Anaheim with PLUMBINg CONTRACTOR~ ..}_NQ~o..E~{i..!~l:IARY DIVISION, which said contract was duly made and entered into on the ~th day of..~._.~ust _~..~~~,) 19".s:.2~~; and WHEREAS>> the said c~~"PLUJ:lBING CONTRACTORS. INCA. SANITARY DIVISION...._~~."~~,~~C~~~~"~ . . has furnished all plant, labor. services" materials and equipment and all utilities and transportation. and performed ,all work necessary for the con- struction and completlon9 In a good and workmanlike manner>> in strict accordance with the spec1f:1.cations>> plans>> drawings. of said pUbllc improvement as speclf'led in the notice inviting sealed pro- posals and in the detail. desIgn, plans" prOfiles. drawings and specifications prepared by c.~~Tllornton E. Piersall. Ci tv Engineer o and the contract made and entered cinto wlth-c"it._:~=~ c'by~tCheC~CTty of Anaheim; and WHEREAS>> the C c Citv Eng,:ineer _"c._has duly certified to the construction and completion of said pUblic improve- ment hereinabove mentioned and described, in aocordance with '~he plans and specifications and the contract documents duly made and entered into with said ~ PLU1'IBl.NGGO~\jTRAC:rORS. IBG., SAlUTARY DIVISION u...___~_~"~~~~~~~__'_~"____; and WHEREAS, the City Council finds that said contraotor has completed said pUblic improvement hereinabove more partioularly de- scribed in accordance with the provisions of the contraot and the oontract documents. and that notice of completion should be filed and payment of the balance due said contractor authorized in accord- ance with the contrac.t 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 performanoe of all work neoessary to construct, install and complete, in a good and workmanlike manner, in striot accordance with the specifica- 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 accepted, subJeot, nevertheless, to all the terms ,I conditions and provisions of the contraot documents, and that the balance due said contractor for said work be paid to it thirty=f'lve (:35; days from and after final aoceptanoe of said work as evidenoed by the adoption of t~is resolution, but not sooner than thirty (30) days after the date of the filing of notioe of com- pletion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contraot and oontract documents. That aoceptanoe 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 author1zed to exeoute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 10th day of November , 19.59-. (; l--<-( _' &-._. MAYOR OF ATTEST: ,;>~._-c:.->-~ /~ 4. ,:-_.c...--/........__L..{-__'i"'-...r~.,,~...l-t..-_-liIL"- CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAM:;) , City Olerk of the 01 ty of Anaheim, do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the C1ty of Anaheim, held on the 10t.h day of November , 19~, by the following vote: AYES: NOES: COUNCIlJ(EN: Coons, Fry, Pearson, Thompson and Schutte. COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of November , 19-52-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of November . 19~. ( SEAL ) {!TYCl:ERK'bF' ~~IX -3-