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56R-3594 RESOLUTION NO. 3594 ,-- A RESOLUTION 01<' THE CITY COUNCIL OF' THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT:THE CLEARBROOK-AGATE SEWER LATERAL, FROM A POINT IN AGATE ST. 4~ FT. NORTH OF NIOBE AVE. TO CLEARBROOK LANE. AND EASTERLY ALONG CLEARBROOK LANE, A DISTANCE OF 605 FEET, JOB NO. 1075. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general ci~culation, printed, published and circulated in the Oity of Anaheim, to wit: The Anaheim Bulletin, on the 10th and 16th days of October , 1956 , a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, in- cluding 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 there- for on file in the office of the City Clerk of the City of Anaheim, the following public improvement, to wit: The Clearbrook-Agate Sewer Lateral, from a point in an existing sewer line in Agate Street, 48 feet north of Niobe Avenue to Clearbrook Lane, and easterly along Clearbrook Lane a distance of 605 feet, consisting of excavation, construction of an 8" V.C.P. sewer main, a 6" house connection, 8" x 4" wyes, three standard brick manholes, and appurtenant work, as indicated on the plans, Job No. 1078. in accordance with the designs, plans, profiles and specifications pre- pared by__ GAorgA E. HolyokA, City RnginAA~ and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 7:00 o'clock P.M. of the 23rd day of October , 19 56 ,and which said notice did state and deolare 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 prevailing hourly wage soale so ascer- -- tained; and WHEREAS, at a regular meeting of the City Counoil held on the 23rd day of October , 19 56 ,at the hour of 7:00 o'clock P.M. of said date, said City Council did hold a publiC hearing for the purpose of opening sealed proposals reoeived up to that time, for furnishing of all plant, labor, servioes, materials,and equipment, and all utilities and transportation, including power, fuel and water, and per- -1- forming 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 Olerk ~ of the Oity 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 01 ty Engineer for examination tabulation and report to the City Oouncil, and said Oi ty Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Oouncil; and WHEREAS, the Oity Council did meet in regular session on the 2'3rd day of October , 19 56 ,at the hoW" of 7:00 o'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 City Eni1neer of the Oity of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Oouncil did thereupon find and determine that the sealed proposal submitted by PLUMBING CONTRACTORS. INC., SANITARY DIVISION. for the construction, installation and completion of said r.1AR~h~nn~-A~ate Sewer Lateral, Job No. 1078. hereinahove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to saidPL~rnING CONTRACTORS. INC.. SANITARY DIVISION, 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 specified in said notice inviting sealed proposals, and did authorize the Mayor and the Oity Clerk of the City of Anaheim to execute a contract for and on behalf of the Oity of Anaheim with PLUMBING CONTRACTORS INC. SANITARY DIVISON.P.O.Box Sib. Santa Ana.Calif., which said contract was duly made and entered into on the 24th day of October 19....56-.; and WHEREAS, the said PLUMBING CONTRACTORS. INC.. SANITARY DIVISION, 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__the City Engineer " and the contract made and entered int 0 with them by the Oi ty of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in aocordance with the plans and specifications and the contract documents duly made and entered into with said PLUMBING CONTRACTORS. INC. ; and WHEREAS, the Oity Council finds that said contractor has oom- pleted said public improvement hereinabove more particularly desoribed in aocordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract doouments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment ~2- ,- and all utilities and transportation, and the performanoe of all work neoessary to oonstruot, install and oomplete, in a good and r-- workmanlike manner, in striot aooordanoe with the speoifioations, plans and drawings therefor on file in the offioe of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto of said public improvement hereinabove more partioularly desoribed and set forth, in the City of Anaheim, by. said oon- tractor, be, and the same is hereby, aooepted, subJeot, neverthe- less, to all the terms, oonditions and provisions of the oontraot doouments, and that the balanoe due said oontraotor for said work be paid to them thirty-five (35) days from and after final aooeptance 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 oompletion, exoepting only suoh sum or sums as may lawfully be withheld in aooordanoe with the pro- visions of said oontract and oontraot doouments. That aooeptanoe by the oontraotor of said payments made in aocordance with said final estimate shall operate and shall be a release to the Oity of Anaheim, its officers, agents and employees from all olaims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neg- leot of the City, its officers, agents and employees, excepting only olaims 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 Oity 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. THl FOREGOING RESOLUTION was signed and approved by me this 6th day of December 1956. IlAY~AHEIR t ATTIST: Pro 1Wa ~., "-- c- ) " ----.~-' , , In -~ o ct1uc OF THE 01 OJ' ANAHEIM --, -~-, -3- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) )ss. ) ---- I, DENE M. WILLIAMS, City C~erk of the City of Anaheim, do hereby an certify that the foregoing Resolution was duly passed and adopted at/adjourned regular meeting of the City Council of the City of Anaheim, held on the 6th day of December, 1956, by the following vote of the members thereof: AnB: COUNCILMEN: Coons, Fry, Schutte and Wisser Nom: COUNCILMEN: None AmENT: COUNCILMEN: Pearson AND I FURTHER CERTIFY that the Mayor (ProTem) of the City of Anaheim approved and signed said Resolution on the 6th day of ~ember, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of December, 1156. ~-'-;-?1.4):-/L.-<?' CITY CLERK OF THE CITY OF ANAHEIM -- ~---_.-- (SEAL) -