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58R-4503 ."-'" ,......... - RESOLUTION NO. 4503 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AJlAHEIX FINALLY ACCEPTING TO COXPLETION AND THE FURBISHING OF ALL PLAIT, LABOR, SERVICES, ~ TERIALS AID EQ,UIPKENT AND ALL UTILITIES AND TR.A.N~ PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND CCllPLETE THE FOLLOWING PUBLIC IXPROVEXENT, TO WIT: THE BROAQWAY-MAGNOLIA SEWER IMPROVEMENT. IN BROAD- WAY FRCIA MAGNOLIA A VENUE TO 750 FT . WESTERLY. AND IN MAGNOLIA AVENUE FROM 250 FT. SOUTH OF BROADWAY TO 1. 000 FT. SOUTH OF BROADWAY. JOB NO. 1124. WHEREAS, the City Counoil of the City of Anaheim did oause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 6th and 13th davs of March , 19~, a notice inviting 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 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 or City Engineer of the City of Anaheim, the following public improvement, to wit: The Broadway-Magnolia Sewer Improvement, consisting of the construction of V.C.P. sewer laterals in Broadway from Magnolia Avenue to 750 feet westerly, and in Magnolia Avenue from 250 feet south of Broadway to 1,000 feet south of Broadway, manhole construction and appurtenant work, as indicated on the plans, Job No. 1124, ..- ift acoordanoe with the designs, plans, prOfiles and speoifioa- tions prepared by ~eorae E. Holyoke. City EnginpP~ and the notice invlting sealed proposals, whioh said notioe .peol- fied that sealed proposals as specified in said notioe would be reod ved llP W1tll 2: 00 0 I olook P .X. of the 20th day of March , 19~, and whioh said notioe did state and deolare that, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had asoertained the preval1ing rate of wages for eaoh type of labor needed to exe- oute said contraot and did set forth the prevailing hourly vage 80ale so ascertained; and WHEREAS, on March ?O , 19~, at the hour of .'olock P.X., the City Clerk and City Engineer of the 2:00 -1- ,"" -. .~ Oity of Anaheim did open said se~ed proposals reoeived up to that time for the furnishing of all plant, labor, services, materials and equipment, 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 strict accordanoe with the specifioations, plans and drawings therefor on file in the Office of the Oity Olerk of the City of Anahelm, the pUblic improvement hereinabove more partioularly described and set forth, in public, in the City Counoil 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 Oouncil at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 25th day of March , 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 partioularly described and set forth, and did thereupon find and determine that the sealed ~o~oaal submitted bI PLUMBING CONTRACTORS, INCORPORATED, SANITARY TIIVISION, P. O. Box 5~O, ~anta Ana, Galitorn1a, for the oonstruotion, installation and completion of said BROADWAY-MAGNOLIA SEWER IMPROVEMENT, JOB NO. 1124. hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon acoepted said bid and did award a oontract to said PLUMBING CONTRACTORS. INCORPORATED. SANITARY DIVISION. P. O. Box 536. Santa Ana. California. for furnishing all plaht, labor, services, materials and equipment and all utilities and transportation, inoluding power, fuel and water, and performing all work necessary to oonstruot and oomplete, in a good and workmanlike manner, in striot aocordance with the specifications, plans, and drawings, the said publio improvement as speoified in said notice inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a oontraot for and on behalf of the City of Anaheim with PLUMBING CONTRACTORS. INCORPORATED. SANITARY DIVISION whioh said oontraot was duly made and entered into on the day of March , 19~; and , 27th , r WHEREAS, the said PLIWBTNG rDNTRAr.TORS, TNrDRPoRAT~nl ~ITARY DIVISION has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the oon- struction and oompletion, in a good and workmanlike manner, in strict acoordanoe 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 sPeoifioations prepared by George E. Holyoke. City Enaineer , and the contraot made and entered into with it by the City of Anaheim; and WHEREAS, the City Enaineer has dull certified to the oonstruction and oompletion of said pUblio improve- ment hereinabove mentioned and described, in aooordanoe with the plans and speoifioations and the oontraot doouments duly made and entered into with sald PLUMBING CONTRACTORS. INCORPORATED, SANITARY DIVISION ; and WHEREAS, the City Oounoil finds that said oontractor has oompleted said pUblio improvement hereinabove more particularly de- scribed in aooordance with the prOVisions of the oontract and the contract documents, and that notice of oompletion should be filed aad payment of the balanoe due said contractor authorized in accord- anoe with the oontraot documents. -2- ,.........~ - .- NOW. THEREFORE. BE IT RESOLVED by the City Counoll of the City of .Anaheim that all plant. labor. servioes, 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 aooordanoe with the specifioa- tions, plan. and drawings therefor on file in the Offioe of the Oit1 Clerk of the City Of Anaheim, together with the appurtenanoes thereto, said pUblio improvement hereinabove more particularl, de- scribed and set forth. in the City of Anaheim. b1 said contraotor, be. and the same are hereby accepted. subJeot, nevertheless, to all the terms. conditions and provisions of the oontraot documents, and that the balanoe due said oontractor for said work be paid to it thirt1-five (35) days from and after final acoeptanoe of said work as evidenoed by the adoption of this resolution. but not sooner thaa thirty (30) days after the date of the filing of notice of oom- pletion, excepting only suoh sum Or sums as may lawfully be withheld in aooordance with the provisions of said contraot and oontraot documents. That aooeptance by the oontraotor of said payments made in aocordanoe with said final estimate shall operate and shall be a release to the City of Anaheim, its offioers, agents and employees from all olaims and liabilities due the contraotor for anything done or furnished or withheld or for anything relating to the work or any aot or negleot of the CitYD its offioers. agents and em- ployees, exoepting only 01a1ms 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 City Olerk of the City of Anaheim be, and they are hereby authorized to exeoute and file a notioe of oompletion of sald work as required by law. THE FOREGOING RESOLUTION is approved and signed b1 me this 6th day of Mav . 19~L.o ~~L:, MAYOR OF THE CITY OF~ ~T T: ; j/f.A/;~;'~ .. C~ OF THE OITY OF AlAHEI. ft. Af! OF O.ALIFORlIA ) OOOHI' OF OlWlGE ) 8S. 0I'l'Y OF AIABIK ) I, DENE M. WILLIAMS , City Olerk of the City ot Anaheim. do hereby oertify that the foregoing resolution w.. intro- duced and adopted at an adiourned regular meeting provided D1 law of the City Oounoil of the City of Anaheim, held on the 6th day of Mav , 19~, by the following vote: AYES: HOES: OOUIOILKEI: Pearson, Borden, Fry, Schutte and Coons COUICILKEI: None ABSENT: OOUJiCILKEIi: None AlID I FURTHER CERTIFY that the Hayor of the City of ~aheim approved and signed said resolution on the 6th daJ ot May , 19-.5a.. IN WITlESS WHEREOF, I have hereunto set my hand aDd atfixed the offioial seal of the Oity of Anaheim this 6th daJ ot May · 19~. fJ ~ d~~' ~~R!'({F. THE/oYfY--e6f1ti1m (Sw.) ~. -3-