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59R-5066 - f'~.'" RESOLUTION NO. 5066 A RESOLUTION OF THE OITY OOUNOIL OF THE OITI OF ANAHEIM FINALLI AOOEPTING THE OOMPLETION AND THE FURNISHING OF ALL PLAIT, LABOR, SERVIOES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AID TRANS- PORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NEOESSARI TO OONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: 'rHE CERHITOS AVENUE SEWEli HiPROVElVlENT FROM t"L1tl.i~l\jTl.A AV~l'JU~ TV .L,UUB .t'~l!d. Ea6i,[!,hLI, JOI!> NO. 113r:). WHEREAS, the Oity Oounoil of the City of Anaheim did cause to be published in a newspaper of general oirculation, printed, published and oiroulated in the City of Anaheim, to wit: The Anaheim ;Gaie.t'te:" on the ilst of July And the 7th of AJ1Q:ust , 19~, a notioe 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 good and workmanlike manner, in strict accord- ance with the specifications, plans and drawings t~erefor on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following publiC improvement, to wit: The Cerritos Avenue Sewer Improvement, from Placentia Avenue to 1,008 feet easterly, consisting of the construction of a lO-inch V.C.P. sewer lateral in Cerritos Avenue from Placentia Avenue to 1,008 feet easterly, including excavation, backfill, manhole construction and appurtenant work, as indicated on the plans, Job No. 1135, .~ in acoordanoe with the designs, plans, profiles and specifica- tions prepared by George E. Holyoke. City Eniineer and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as speCified in said notice would be received up until 2:00 o'olook P.M. of the luth day of August , 19~, and whioh said notioe did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Oode, the Oity Council of the City of Anaheim had asoertaine4 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 August 14 , 19~, at the hour of o'olock P.M., the Oity Olerk and Oity Engineer of the 2:00 -1- - -- Oity of Anaheim did open said sealed proposals reoeived 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 oon- struct and complete, in a good and workmanlike manner, in strict aocordanoe with the speoifioations. plans and drawings therefor on file in the Offioe of the City Olerk of the City of Anaheim, the public improvement hereinabove more particularly desoribed 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 Oouncil at its next adjourned regular meeting; and WHEREAS. the City Council of the City of Anaheim did, at its next Rd jnlll"l'"lArJ regular meeting, held on the 1 Qth d83' of AUQ:ust , 19.5.a-, at the hour of 7 :00 0' clook P.H., 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. INC.. for the construction, installation and completion of said Cerritos Avenue Sewer Improvement, Job No. 1135 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor. and thereupon accepted said bid and did award a contract to said PLUMBING CONTRACTORS, INC., , for furnishing all plaht, labor, services, materials and equipment and all utilities and transportationg including power, fuel and water, and performing all work necessary to oonstruot and oomplete. in a good and workmanlike manner, in strict aooordanoe with the speoifications, plans. and drawings, the said pUblic improvement as speoified in said notioe inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a oontract for and on behalf of the City of Anaheim with PLUMBING CONTRACTORS. INC.. whioh said oontract was duly made and entered into on the ?Oth d83' of August , 19~; and WHEREAS. the said PLUMBING CONTRACTORS. INCar has furnished all plant. labor. services. materials and equipment and all utilities and transportation, and performed all work necessary for the oon- struction and completion, in a good and workmanlike manner. in striot accordance 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 George E. Holyoke. City En2ineer . and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and oompletion of said pUblic improve- ment hereinabove mentioned and described, in accordanoe with the plans and speoifioations and the contract doouments duly made and entered into with said PLUMBING CONTRACTORS, INC., ; and , .- WHEREAS, the City Oouncil finds that said oontraotor has oompleted said pUblic improvement hereinabove more particularly de- soribed in aooordance with the prOVisions of the contraot and the contraot documents, and that notice of oompletion should be filed and payment of the balance due said contraotor authorized in aooord- ance with the oontraot documents. -2- - -, NOW. THEREFORE. BE IT RESOLVED by the Oi ty Oouncil of the 01ty of Anaheim that all plant. labor. servicesD materials and equ1pment and all ut11ities and transportationD and the performanoe of all work neoessary to construct. install and complete, in a good and workmanlike manner. in strict acoordanoe with the specifioa- tions>> plans and drawings therefor on file in the Offioe of the Oity Clerk of the City of Anaheim. together with the appurtenanoes thereto>> said pUblic improvement hereinabove mOre particularly de- scribed and set forth. in the C1ty of Anaheim>> by said contractor. be. and the same are hereby aocepted. subJeot. nevertheless. to all the terms. oonditions and provisions of the contract documents. and that the balance due said contractor for said work be paid to it thirty-five (35) days from and after f1nal acceptance of said work as evidenced by the adoption of this resolution>> but not sooner than thirty (JO) days after the date of the filing of notioe of oom- pletion. excepting only such sum or sums as may lawfully be withheld in accordanoe with the provisions of said contract and oontract documents. That acoeptanoe by the oontraotor of said payments made in accordanoe 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 oontractor 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. excepting only claims against the City for any amounts withheld by the City at the time of suoh 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 not10e of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 3rd day of March . 19~o ~J. ~~. MAY R 0 HE C TY OF AIlAHEIK AT;E,ST: ~ ~-)~/ ~/!vc'____~J'''~~ CI'fY CLERK OF THE CITY OF AlWiEIM STATE OF CALIFORNIA ) OOUI'fY OF OlUNGE ) sa. CITY OF ANAHEIM ) I. DENE 1'1. WILLIAMS . Oi ty Olerk of the Oi t1 of Anaheim. do hereby oertify that the foregoing resolution was intro- duced and adopted at an adjourned regular meeting provided by law of the City Counoil of the City of Anaheim. held on the 3rd day of March . 1922--. by the following vote: AYES: 10ES: COUNCILMEN: Borden, Fry and Schutte OOUIOILKEl(: None ~ ABSENT: OOUNOILMEN: Coons and Pearson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and si~ned said resolution on the 3rd day of March p 19 9. IN WITNESS WHEREOFp I have hereunto set my hand and affixed the offioial seal of the Oity of Anaheim this 3rd day of March . 19.,.2L. (SEAL) ~U~F &:-~Ili -3-