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57R-4198 RESOLUTION NO. 4198 - A RESOLUTION OF THE CITY COUI~CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIAIS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENTs THE WEST STREET SEwER INPROVENENT. FRON APPROXlr~TELY 1200 FEET NORT2 OF KATELLA A VENUE 'TO .rUTELl.JA A VEN-q;E. JOB NO. 1103. WHEREAS, the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general Circulation, printed, published and circulated in the City of Anaheim, to wits The Anaheim BUlletin, on the 2gth dRY of A,Jlgust and 4th day of Sevtember , 19 S'7 , a notice inviting sealed pro- posals for furnishing the followings All plant, labor, services, materials and equipment, and. all utilities ane transportation, including power, fuel and ,'rater, and rerforming all ';lork necessary to construct and complete in a sood and workmanlike manner, in strict acco,'da.Ylce,dth the specifications, plans and drawings t;lercof on file in ihe office of t:1e City Clerk or Ci t;y En::;il"leer of t.le Ci t:; or Anaheim, the following .c:ublic im;Jr:'()veraent, to ,'fit: "fhe\.Jest Stree~ Sewer Ira})roveent, from a1,i)roximatelj" 1200 feet Horth of IC:.c:;ellc' Av::;nue::o Katella AV'2nue, conf3isting of the c nstructiJn or :l V.:;. P. seVier lateral in 'Jest Street, frcm ali"roxim,::,elJ 120C feet,:O-L'tll of Katella Avenue to ~8tella Av?nue, including trenching, manhole construction, backfill, floocl:L:l,j acid. :..~esurfacing, ani arpurtenant work as indicated on the lana, ~ob No. 1103, in accordance with the designs, plans, profiles and specifications prepared by ::eorge E. Holyoke. Ci tv En~illeer and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up untill: O~ 0 I clock P. M. of the lOth day . of September , 19.22..., and ic said notice did state and declare 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 each type of labor needed to execute said contract and did set forth the pre- vailing hourly wage scale so ascertained; and .- WHEREAS, at a regular meeting of the City Council held on the lOth day of Se c;t ember , 19 77 ,at the hour of '7: 00 a' clock P. M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and -1- - '-.,,--- complete, in a good and workmanlike manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the City Clerk at the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the City tlfp-:i"eer for examination, tabulation and report to the City Cou~ an sara Ci ty En~ineer did thereupon examine and tabulate said sealed pro- posals and report he result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 10b1 day of September , 19...2.2.-, at the hour of '/:OOo'clock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Ci ty En~j lleer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by PLill1BlNG JO~l'TrtAC'l'03S. IiJC. 11652 Eas~Jestmillster Blvd., Garden Grove, Jalifornia for the construction, installation and com- pletion of said.[E;3l' .311B.EET 3m.TEl:: nll)~,CVE, ",c:lrT. JOB NO. 1103 hereinabove mentioned and des- cribed was the lowest responsible nropos~J submitted therefor, and thereupon ac- cepted said bid and did award a contract to said FLill'IBIlm OONTRAC'I'ORS. lHC. for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, end performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans, and drawings, the sa:.d public improvement as specified in said notice inviting sealed proposals, and did authorize 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 _____ F'"LU1IBIl\":J. COllI' ~~~'~CTOHS t I': TO . which said contract was du1.v made and entered into on the 11 th day of 3eptAmber , 19-5.2-) and WHEREAS, the said PLUlIBETG COHI'~::AG_ORS. lHC. has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by ~eo:.\e 1~. Holvoke, Ci~Y EW2ineer , , and the contract made and entere-a:-- into th it by the ity of Anaheim; and WHEREAS, the Oi ty Engineer the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said ; and has duly certified to improvement hereinabove mentioned specifications and the contract PLL~BlNG CONTRACTORS, lNC, WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of com- pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. ,.-. 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 cood and workmanlike manner, in strict accordance with the spe- cifications, plans and drawings therefor on file in the office of the City Clerk of the City of Anaheim, together with the appurtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City' of Anaheim, by said contractor, be, and the same are hereby, accepted, subject, -2- .,~ nevertheless, to all the terms, conditions and provisions of the contract docu- ments, and that the balance due said contractor 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 compl...tion, 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 lia- bilities 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 employees, 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. day of THE FOREGOING RESOLUTION is signed and approved by me this 5th November , 19 57 . /',' (/-:~ANAHEIM ~. ATTEST. LCI~-~i OF~~C~NA1lEi;- STATE OF CALIFORIUA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE N. 'vJILLI.AJIS , City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at al.l ad.lourned regular meeting of the City Council held on the Sth day of November , 19~, by the following vote of the members thereof. AYES: COUNCILMEN Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN None. ABSENT. COUNCILMEN. None. AND I FURTEER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 5th day of November , 19..52-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of November , 19-52-. ~"'-.,,-. .-.. k- -//(', >>-~ . CITY CLERK OF THE CITY OF ANAHEIM (SEAL) -3-