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58R-4804 RESOLUTI ON NO. 4804 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: THE ORANGE A VF.NUF. SEWER TMPROVEMF.NT, FROM MAGNOLIA AVEl\[UE TO 1C;0C; FEET WEST OF MAGNOLIA. JOB NO. 1111). WHEREAS, the City Council of the City of Anaheim did oause to be pUblished in a newspaper of general oiroulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 22nd Rnd 2gt.h dRYS or ~]1!, 19~8 ~____, a notice inviting sealed proposals ror furnish ng 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 Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: The Orange Avenue Sewer Improvement, consisting of the con- struction of a V.C.P. sewer lateral in Orange Avenue, from Magnolia Avenue to 1505 feet west of Magnolia Avenue, including trenching, back-fill, manhole con- struction and appurtenant work, as indicated on the plans, Job No. 111S, 1n acoordanoe with the designs, plans, profiles and speoifioa- tions prepared by George E. Holvoke, City Eni;nee~ and the notioe inviting sealed proposals, which said notice speoi- tied that sealed proposals as specified in said notioe would be reoeived up until 2.00 0' clook P.M. of the 7th day of August , 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 ascertained the prevailing rate of wages for eaoh type of labor needed to exe- oute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on Aug:ust. 7th , 19...sB-, at the hour of 2.00 o'clock P.K., the City Clerk and City Engineer of the -1- Oity 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 regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 12th day of AUlZUst . 19~" at the hour of 7:00 o'c1ock P.K., consider 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, TNr. SANT'J1ARV nTVT~T()N 11662 E. Westminster Avenue. Garden Grove, CRliro~niQ for the construction, installation and completion of said OrAng~ Avenue Sewer Improvement. Job No. 111~ hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon aocepted said bid and did award a contract to said PLUMBING CON'I'RACTORS, TNr. SANT'f'ARV DIVISION, 11662 E. Westminster Avenuer Garden G~OVA, GRli~o~niQJ 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 accordance with the specifications, plans. and drawings. the said pUblic 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 execute a oontract for and on behalf of the City of Anaheim with PLUMBING CON'J1RAr.'J1()RR TN~ ~ANT'f1AR'v T'\I"ISION which said contract was duly made and entered into on the lith day of August >> 19...58-; and WHEREAS, the said PLill1BING CONTRACTORS, TNr. RANT'J1ARV DIVISION 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 aocordance with the specifications. plans, drawings, of said pUblic improvement as specified in the notice inviting sealed pro- posals and in the detail. design. plans. prOfiles. drawings and specifications prepared by GAo~gAF. UI"\1 YI"\1<9. C1 ty F.ngi ,.,....,.. . and the contraot made and entered into with :I t by the City of Anaheim; and WHEREAS, the City E;finAA,.. has du17 certified to the oonstruction an completion of said pUblio improve- ment hereinabove mentioned and desoribed. in accordanoe with the plans and specifications and the contract documents duly made and entered into with said PLUMBING CONTRAC'J10RS, TNfl '::AlITj'{'lH?Y DI1TI~IQN ; and WHEREAS. the City Oouncil finds that said contraotor has completed said pUblic improvement hereinabove more particularly de- soribed in accordance with the prOVisions of the contract and the oontract documents, and that notice of completion should be filed and payment of the balanoe due said contractor authorized in accord- ance 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 performance of all work necessary to construct" install and complete, in a good and workmanlike manner>> 1n strict 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 appurtenanoes thereto>> said public improvement hereinabove more partioularly de- scribed and set forth, in 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 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 contract documents. That acceptance 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 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 7th day of ~ OntnhAT> . 19.$B.-o ATTEST: r '--J L~ ft.aJ::~-L,,_~' CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUJiTY OF ORANGE ) SSe CITY OF ANAHEIM ) IE DE~E M. WILLIAMS >> City Clerk of the City of Anaheim" do hereby certify that the foregoing resolution was intro- duced and adopted at an Bdjolll"'nAd regular meeting prOVided by law of the City Council of the CUy of Anaheim. held on the 7+1:3. day of Oct9b9P , 19~p by the following vote: AYES: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons ~~:J ?--p~ MAYOR OF THE CITY OF ANAHEIK- NOES: COUNCILMEN. None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 7+... day of October 9 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the C1 ty of Anaheim this 7th day of October D 19~. L" ) ------- ~Q' h ~,'~~ CITY CLERK OF THE CITY OF ANAHEIM =}= ( SEAL ) .'