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58R-4907 .- RESOLUTI ON NO. 4907 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURBISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANI> PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: fJ1R1Il RROOTOpJRS'l' S'l'RD'I' SWiIR TM'PROVli!M1l11l'I'f1, 1l'ROU ?{..'l 1l'1illill'f1 soum OJ' M4N'nR"lISlJIiIR AVDU.Iil TO 640 nET NoR'I!R' OF lmlilS01llllT AVDUE. JOll NO. 1141. WHEREAS, the City Council of the City of Anaheim aid cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim l1azette , on the 11th anA 18th daVII of S"':pbmh..1' , 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 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 Brookhurst Street Sewer Improvement, consisting of the construction of an 8-inch V.C.P. sewer lateral in Brookhurst Street. from 267 feet south of Manchester Avenue to 640 feet north of Crescent Avenue. including trenching. backfill. flooding. construction of 4-foot brick manholes, castings, excavation. re-paving. and appurtenant work. as indicated on the plans. Job No. 1141. .'..",......... in aooordanoe with the designs, plans, prOfiles and specifica- tions prepared by GJlor.lZ8 JI. Btt1v,.ril. 01 V liI"lri n...... and the not1ce 1nv1ting sealed proposals, whioh said notioe speci- fied that sealed proposals as specified in said notice would be received up until 2:00 0' olock P.M. of the 2c;t.h day Of Sel>hmber , 19~, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had asoertained the prevailing rate of wages for each type of labor needed to exe- cute said contract and did set forth the prevailing hourly wage soale so ascertained; and WHEREAS, on Senhmber 2<;th , 19-5B-, at the hour of 2:00 olclock P.M., the City Clerk and City Engineer of the -1- .- ..,-.., Oity of Anaheim did open said sealed proposals reoeived up to that time for the furnishing of all plant, labor, servioes, 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 aocordance with the speoifioations, plans and drawings therefor on file in the Offioe of the Oity Olerk 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 a.d'mu'nlld regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next ad,ourned regular meeting, held on the 10th day of Seutember . 19...5L.. at the hour of 7:00 0' clock P.K., con8ider 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 PLUMBING CONTRACTORS. INC.. SANITARY DIVISIOB 11662 ~ast Westminster Avenue. Garden Grove. California for the construction, installation and oompletion of saidBrookhurst Street Sewer ImnroTement. Job Bo. 1141 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said PLUMBING CONTRACTORS. INC.. SABlTARY DIVISION 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 acoordance with the specifioations. 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 PLUMBING CONTRACTORS. UTC.. SANlTA!tT DIVISION which said contraot was duly made and entered into on the day of October . 19~; and , 1st WHEREAS, the said PLtlXBI1n OONT.llACTORS. TNC.. SAlTTIp6~T mVTSTOlI 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 speoifioations, plans, drawings, of said pUblic improvement as speoified in the notioe inviting sealed pro- posals and in the detail, design. ,plans, profiles, drawings and 8pecifications prepared by George E. Holyoke. City Ens:ineer . and the contract made and entered into with it by the City of Anaheim; and WHEREAS. the City En~inAllr 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 contraot doouments duly made and entered into with said PLtlXBING CONIJIR1C!ORS. INC.. !UNI"'A.RY DIVISION ; and ,- WHEREAS. the City Oouncil finds that said oontractor has oompleted said pUblio improvement hereinabove more partioularly de- soribed in acoordanoe with the prOVisions of the oontraot and the oontract documents, and that notioe of oompletion 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 Oouncil of the Oity 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 manner, in strict accordance with the specifica- tions>> plans and drawings therefor on file in the Office of the City Olerk 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 contractor, be>> and the same are hereby aocepted>> subject>> nevertheless, to all the terms, conditions and provisions of the contraot documents, and that the balance due said oontractor 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 com- pletion. excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contraot documents. That aoceptance 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 paymento 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 required by law. THE FOREGOING RESOLUTION is approved and signed by me this 9th day of DecflIlIber . 19SB--o t7 . ,/, ""-~ ~~~~~~~~ AT':EST: '~fYCLE~'J6F ~~~AWEIK STATE OF CALIFORNIA ) COUlITY OF ORANGE ) ss. OITY OF ANAHEIK ) I. DEn M. WILLIAMS 9 City Clerk of the City 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 Qth day of December >> 19~>> by the following vote: AYES: NOES: COUHCILKEN~ Pearson, Borden, Fry, Schutte and Coons OOUNCILMEN; None .- ABSENT~ COUNCILKEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of December . 19~o IN WITNESS WHEREOF. I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of Dec_ber . 19~. ( SEAL ) / .' . , c ~ ~ -JZ;~h ~~ CITY OLE OF THE OITY OF AHmIX -3-