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58R-4865 - ,.....- REBOLUTI ON NO. 4865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, 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 THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: 1m: SANTA FE RIGHT-OF-WAY SEWER IMPROVEMEliT, FROM LA P.ALM.A. AVENUE TO NORTH SIJIR1i11i1T. .TOB NO 11 Jh. WHEREAS, the City Council 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: 'l'he Anaheim Bulletin, on the 24th day of June Rnn the let dl\v of July, 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 goodand 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 fol- lowing public improvement, to wit: The Santa Fe Right- of-W~ Sewer Improvement, consisting of the construction of a V. C. F. sewer lateral in the Santa Fe Right-of-W~, from La Palma Avenue to North Street, including trench- ing, backfill, manhole construction, resurfacing and appurtenant work, as indicated on the Plans, Job No. 1134, in accordance with the designs, plans, prOfiles and specifica- tions prepared by --!}eon:e E. iIo~YOltf. CH +'1' llln~r"" and the notioe inviting sealed proposals, w ch said notioe speoi- fied that sealed proposals as speoified in said notioe would be reoeived up until 2:00 o' olock P.M. of the 10th day of July , 19~, and whioh said notioe did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for eaoh type of labor needed to exe- oute said oontract and did set forth the prevailing hourly wage Beale so ascertained; and WHEREAS, on Julv lOth , 19~, at the hour of o'clock P.M., the City Clerk 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, services, 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 accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk 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 ad i01l'l'nAd regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adjourned regular meeting, held on the '5th day of .r,],y , 19~, at the hour of 7:00 o. clock P.M., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by PLUMBHlG CONTRACTORS, INCH SAllTITARY DIVISIOli 11062 E. WESTMINS!rER AVENUE, GABDEN GROVE, CALIFORNIA for the construction, installation and completion of said Santa Fe Rimt-of-We..v Sewer Irn;grovAmAnt. f1"nm riA P,,1 mA AV~Y'l'H) +'1'\ l"T",..+"h ~t't'".9+: ~Q1; JJQ "J~. hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said PLUMBING CON'l'RACTORS. nm . SAlifT'1'A'R'V' mVT~TnN for furnishing all plaht, 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. 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 PLUMllING CONTRACTORS I INC. I SANITARY DIVISION which said contract was duly made and entered into on the 17th day of Ju]v , 19...58--; and WHEREAS, the said pT.TTM"RTlifa C1n1lT'Illl A OIJ'lOllS. lJilC . SAlUTARY DTVTSTOJi 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 accordanoe with the specifications, plans, drawings, of said pUblic improvement as speoified 1n the notice inviting sealed pro- posals and in the detail, design, plans. profiles, drawings and specif ications prepared by George E. H6l.yoke:,-, 01 ty Endneer , and the contract made and entered into with them by the Oi ty of Anaheim; and WHEREAS, the City En('inAA'r has dulr certified to the construotion and completion of said pUblio improve- ment hereinabove mentioned and described, in aocordance with the plans and speoifications and the contract documents duly made and entered into wit h said PLUMBING CONTRACTORS TNC. SA1ITT'1'A'R'V' mVT~mlif ; and - WHEREAS, the City Council finds that said contractor has completed said pUblic improvement hereinabove more particularly de- scribed 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 acoord- ance with the contract documents. -2- - ,.._. NOW s 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 performance of all work necessary to construct. install and complete. in a good and workmanlike manner. in striot aooordance with the specifioa- tions. plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim. together with the appurtenanoes thereto. said pUblic improvement hereinabove more particularly de- scribed and set forth. 1n the City of Anaheim>> by said contraotor. be. and the same are 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 them thirty-five (35) days from and after final acceptanoe 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 oom- pletion. excepting only such sum or sums as may lawfully be withheld 1n aocordance with the provisions of said oontraot and oontract doouments. 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 contraotor 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 authorized to execute and file a notioe of oompletion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 11th day of November . 19...5.6...-0 ~#~ MAYOR OF THE CITY OF ANAHEIK 1L:~L~~ CITY CLERK OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA ) COUI'rY OF ORANGE ) s s. CITY OF ANAHEIM ) I, DENE M. WILLIAMS >> City Clerk of the City 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 City of Anaheim. held on the 11-1:10 day of November. 19~p by the following vote: AYES: COUNCI~N: Pearson, Borden, Fry, Schutte and Coons NOES: COUNCILMEN: None ,-- .ABSENT: COUNCI~N: None .AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 11th day of November p 19....5fL.o (SEAL) I have hereunto set my hand and afrixed of Anaheim this 11th day or o ~~C~ i ' /7f 01 ' CLERK OF THE OITY OF ANAHEIM -}- IN WITNESS W~OF. the official seal of the City liovember ~ 19~.