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59R-5478 RESOLUTION NO. 5478 A RESOLUTION OF THE CITY COUNCIL or THE CITY OF ANAHEIM FINALLY ACCEPTING THE OO~ION AND THE FURNISHING OF ALL P1"AHT ~ LABOR, SERVIOltS, MA- TERIAL SAND EQ.UIPMENT AND ALL U'l'ILITIES AND TRANS- PORTATION INCLUDING POWER. FUEL AND WATER9 AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE DALE AVENUE SEWER Il-'IPROVEMENT. FROM 710 FEET NORTH QF BALL ROAD TO BALL ROAD. JOB NO. l1S9. WHEREAS, the City Council of the City of Anahe1m did oause to be published in a newspaper of general circulation, printed, published and circulated in the Oity of Anaheim, to witt The Anaheim Gazette 0 on the 28th of May and the 4th of June , 19~" a notice inviting sealed proposals for furnishing the following~ All plant, labor, services, materials and equipment, and all utilities and transportation, including po~er, fuel and water, and performing all work neces- sary to construct and complete in a good and workman- like manner, in strict accordance with the specifi- cations, 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 Dale Avenue Sewer Improvement, consisting of the construction of an 8-inch V.C.P. sewer lateral in Dale Avenue, from 710 feet north of Ball Road to Ball Road, including excavation, backfill and flooding, construction of manholes, 4-inch house laterals, and appurtenant work as indicated on the plans, Job No. 1159, ,~~ in accordanoe with the designSe plans. prOfiles and speo1fio~ tions prepared by Thornton Eo Piersallr City Engineer and the notice inviting sealed proposals. whioh said notioe speoi- fied that sealed proposals as speCified in said notioe would be reoeived up until 2:00 o'olook PoKe of the ~_llth day of June. >> 19-53-. and which said notioe did state and deolare that. pursuant to the provisions of Section 1710 of the Labor Code. the City Counoil 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 scale so ascertained; and . WHEREAS, on June 11 D 19...22-. at the hour ot 2:00 ololock P.M.. the Oity 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- struot and complete, in a good and workmanlike manner. in strict aocordance 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 desoribed and set forth. in pub11.o9 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 Counoil at its next~. ad;ourned~~regular meetlng~ and WHEREAS. the City Counoil of the City of Anaheim did>> at its next _ adjourned regular meeting, held on the lAth day of June __" 19~~, at the hour of 7.00 ololook P.X., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more partioularly desoribed and set forth. and did thereupon find and determine that the sealed proposal submitted by ~PLUMBING CONTRACTORS, TNC., SANITARY nTVTSTON, 11662 E. Westminster Avenue, Garden Grove, Cal iforniA for the construction9 installation and completion of said DALE AVENUE SEWER IMPROVEMENT, TOP, NO 1 1 S9 hereinabove mentioned and desoribed. was the lowest responsible proposal submitted therefor>> and thereupon accepted said bid and did award a contract to said cfLUHaING CONTRACTORS, INC., SANITARY DIVISION. _ ._~, . . _ nn_~~ . for furnishing all plant. labor" services, materials and equipment and all utilities and transportation. inoluding power, fuel and water. and performing all work necessary to construot and completeJ in a good and workmanlike manner. in striot accordance with the specifications, plans, and drawingsr 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, INC.. SANITARY DIVIS.lON which said contract was duly made and entered into on the lRth day of~. JUllJL _=, 19~~,; and WHEREAS, the said ..ELUMRINGJ:;,ONTRACTORS kTNG , SANTTARY DIVISION . . . s furnished all plant, labor, servioes>> 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 aocordanoe with the specifioations. plans>> drawings, of said public improvement as specified in the notice inviting sealed pro- posals and in the detail, design. plans>> profiles, drawings and speoifications prepared by ThoLn1on E. Piersall, City Engineer _ ,and the contract made and entered into with it by the 01 ty of Anaheim~ and WHEREAS. the r.i ty nEng ineer has dull certified to the oonstruction and completion of said pUblic improve- ment hereinabove mentioned and described, in accordanoe with the plane and specifications and the oontract documents duly made and entered into with said ~_Pl HMRTNG CONTRACTQBS",. ~WC., SAN 1 TARYn n nIT S TON , ~,~_~~ . ,.n_; and ~~ WHEREAS, the City Council finds that said contractor has completed said pUblic improvement hereinabove more partioularly de- scribed in accordance with the prOVisions of the contract and the contract doouments, and that notioe of completion should be filed and payment of the balance due said contraotor authorized in aocord- ance with the oontract 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, 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 appurtenanoes thereto, said public improvement hereinabove more particularly de- scribed and set forth, in the City of Anaheim, by said oontractor, be, and the same are hereby accepted, subjeot, nevertheless, to all the terms. conditions and provisions of the contraot documents, and that the balance due said contractor for said work be paid to it thirty-five (35) days from and after final acceptanoe of said work as evidenoed 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 contraotor for anything done Or furnished or withheld or for anything relating to the work or any act or negleot 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 completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of September ,19.2L.. A~ST: _~, ~ '.. . , Z~ k, /.0~-<?/ CITY OLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE: ) ss. CITY OF ANAHEIM ) I. DENE M. WILLIAMS , City Clerk of the Oity of Anaheim, do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting prOVided by law of the City Counoil of the City of Anaheim, held on the 8th day of September ,19~, by the following vote: at/r.. ~~. MAYOR 0 HE CITY OF ANAHEIX AYES: NOES: COUNCILMEN: COUNCILKEN: Coons, Fry and Schutte None ,~-- ABSENT: COUNCILMEN: Pearson lNBO~WfflR~B?<e!k~~OO that the Mayor of the City of Anaheim approved and signed said resolution on the 8th day of September , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of September , 19--55L. ( SEAL ) /, ---, ~- ~~ .Jj(, .~~ aITY OLERK OF THE CITY OF ANAHEIX -3-