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59R-5422 - RESOLUTION NO. 5422 A RESOLUTION OF THE CITY COUNCIL or THE CITY or ANAHEIM FINALLY ACCEPTING THE OOXlLlTION AND THE FURNISHING OF ALL P1..ANT ~ LABOR, 8I:RVIC1!:S, MA- TERIALS AND E"UIPMENT AND ALL UTILITIES AND TRANs... PORTATION INCLUDING POWER 9 FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IXPROVEMENT, TO WIT: JHE WESTERN AVENUE $EWER IMPROVEMENT, FROM 8~o !EE'LNOllTH OF BALL ROAD TO BALL ROAD, JOFl NO ".~~,~_.~-_.~" WHEREAS, the City Council of the City of Anaheim did oause to be published in a newspaper of general oirculation, printed" published and circulated in the City o~ Anaheim, to wit: The Anahelm Gazette on the 28th day of M~}{ ~ncl 11th rl~r nf' 1",.,,,, , 19~~D a r-otlce inviting sealed proposals for furnish ng 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 speci- fications, 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 Western Avenue Sewer Improvement, consisting of the construction of an 8-inch V.C.P. sewer lateral in Western Avenue, from 850 feet north of Ball Road to Ball Road, excavation, backfill and flooding, con- struction of manholes, 4-inch house laterals, and appurtenant work, as indicated on the plans, Job No. 1154, #;",..,. in aocordanoe with the deslgnsg plans, prOfiles and specifioa- tions prepared by Thornton E. PJersall. City Engineer and the notice inviting sealed proposals>> whioh said notioe speoi- fied that sealed proposals as speOified in said notioe would be reoeived up until 2:00 o'olock P.X. of the ~~<llth day of June. , 19~>> and whioh said notioe did state and deolare that. pursuant to the provisions of Seotion 1770 of the Labor Code9 the City Council of the City of Anaheim had asoertained the prevailing rate of wages for eaoh type of labor needed to exe- oute said oontract and did set forth the prevailing hourly wage soale so ascertained; and WHEREAS, on ~ .l....~e 11 D 19...22..... at the hour of 2:00 ~ 01 clock P.M.>> the City Clerk and City Engineer of the -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 neoessary to con- struct and complete, in a good and workmanlike manner, in strict accordance with the speciflcat;1.ons, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim>> the public imp.r'ovement herelnaboye more particularly described and set forth), in public" in the C:tty COllncil Chamber in the City Hall. Anaheim., Ca.lifor,n:ia, and the Ci.ty Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at it s next ,,_~a.d.W1U'!:l~l;l~_,~regu.la:r meeting 9 and WHEREAS, the Clty Council of the City of Anaheim did>> at its next,.., al1jQuroed ~.~. ",J"e!Ular meeting>> held on the 16th day of ~~..2.une~~~_, 19",9" at the hour of. 7 :00 01 clook P.K., consider the sealed proposals submltted for furnishing the materi- als and performing the work r~reinabove more partioularly desoribed and set forth" and did thereupon find and determine that the sealed proposal submitted by pLUMBIN<;LCONTRACTORS, INC., SANITARY nTVTSTON, l1662E. We5tmin$t<':t:: A'\[p.n11l':. [.::l1"{ien ['1"n""" r.!'\JifnT"nil'l for the construction" installation and completion of said WFSTFRN AVENUE SEWER IMPROVEMENT. JOB NO, 11 SlL hereinabove mentioned and described, was the lowest responsible proposal submitted therefor. and thereupon accepted said bid and did award a contraot to said ..tLUMF:l LNG CONTRACTORS. LNG., $AN IT MY DIVISION .=~==~=_=.-=~====,._",--=-,,-=.,.==-~"=."=~==--- for furnishing all plantp labor, servioes. materials and equipment and all utilities and transportation, including power. fuel and water, and performing all work neoessary to construct and oomplete. in a good and workmanlike manner." in atria t aooordance with the speciflaat.1.ons, plans, and draw:i.ngs, the said pUblio improvement as specified In sald 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 01 ty of Anaheim with PLUMB ING CONTRACTORS~ . INC~ SANITARY DIVI~ION which said contract was duly made and entered into on the 17th day of c~~~~une ~o~~~, 19~~";; and , WHEREAS, the said e PLUMBING CONTRACTORS. INC., SANITARY DIVISION . . .... has furnished all plant, laborD servicesD materials and equipment and all utilities and transportationD and performed all work neoessary for the oon- struction and completionD in a good and workmanlike manner. in striot aocordanoe with the specifications, plans. drawings. of said public improvement as specified in the notioe inviting sealed pro- posals and in the detail. deslgn, plansD prOfiles. drawings and speoifications prepared by ".ThorI'lt.on E. Piersall. City Enoineer e and the contract made and entered into wi th'--~~' i t~~_, :=-'by the~Cl'ty of Anaheim. and WHEREAS. the~, Ci tv Enillneer ~~,,_has duly certified to the construotion and completion of said public improve- ment hereinabove mentioned and desoribed. in accordance with the plans and specifications and the contract documents duly made and entered into wi.th said 'pLUMBING CONTRACTORS. IN~.. SANITARY DIVISION ,~~"_."~__,~,____~_.,__,.,~.~_...,,~~~~_._.~;; and WHEREAS. the Oity Council finds that said oontractor has completed said pUblic improvement hereinabove more particularly de- soribed in accordance with the prOVisions of the contraot and the oontract documents, and that notlce of completion should be filed and payment of the balance due sald contractor authorized in aooord- ance with the contract documents. "..,.~. .~2cp .~. NOW, THEREFORE, BE IT RESOLVED by the Oity Oounoil 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 specifioa- tions, plans and drawings therefor on file in the Office of the Oity Olerk of the Oity of Anaheim, together with the appurtenanoes thereto, sald pUblic improvement hereinabove more particularly de- soribed and set forth, in the Oity of Anaheim, by said oontractor, be. and the same are hereby acoepted, subject, nevertheless. to all the terms, condltlons and provisions of the contraot documents, and that the balance due said contraotor 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 doouments. That acceptance by the contraotor 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 01a1ms 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 City, its offioers. agents and em- ployees. exoepting 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 oompletion of said work as required by law. this THE FOREGOING RESOLUTION is approved and signed by me 11 th day of Auaust , 19~o 4 f. @.J~<:u ~ THE CITY OF ANAHEIM zr:T ,ST: r ;' ~) '--. . )J1. W /../~' CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUITY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WTII TAMS , City Olerk of the Oity of Anaheim, do hereby oertify that the foregoing resolutionwaa intro- duced and adopted at a regular meeting provided by law of the City Counoil of the Oity of Anaheim, held on the 11th day of AUQust , 19~. by the following vote: AYES: COUNOILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILKEN: None. -- ABSENT: OOUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 11th day of August p 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offioial seal of the City of Anaheim this 11th day of August ~ 19-22... /_, hi' .,~Pr. ~~n;. OI~RIC OF THE OIT~X -3- ( SEAL )