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1961-7366RESOLUTION NO. 7366 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OP ANAHEIM FINALLY ACCEPTING THE COMPLETION AND 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 CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE THORTON -BRADY AVENUE SEWER IMPROVE- MENT IN E S '4' AVENUE AND LY 1700 FEET EAST OF KNOTT AVENUE IN THE CITY OF ANAHEIM, JOB NO. 1225. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin 9 on 'May 16 and 23 1961 a notice 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 accordance with the specifications, 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 Thorton -Brady Avenue Sewer Improvement, consisting of the construction of 8 -inch V.C.P. sewer lines in Thorton Avenue from Knott Avenue to approximately 1700 feet east of Knott Avenue, and in Brady Avenue from Knott Avenue to approximately 1700 feet east of Knott Avenue, in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and house laterals, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 1225; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inv t ng sea e• proposa 5 w is sal no ce specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock P.M. of the 1st day of June 9 19 bi and which 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 prevailing hourly wage scale so ascertained; and WHEREAS, on June 1, 9 19 61 9 at the hour of 2 :00 o'clock P.M., the City Clerk and City Engineer of elm the 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 a cl performing all work neces- sary 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 Clerk of the City of Anaheim the public improvement hereinabove more parti- cularly described 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 tc'the City Council at its next regular meeting; and WHEREAS the City Council of the City of Anaheim did, at its next regular meeting, held on the 6th day of J une 9 19 61 at the hour of 3:00 olclock P consider the sealed proposals submitted for fur- nishing the materials 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. SANITARY DIVISION P. 0. Box 536, Santa Ana California for the construction insta Thorton -Brad Avenue Sewer ere' nabove mentioned and described was the owest responsib -e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said PLUMBING CONTRACTORS INC.- ITARY DIVISION P. O. Box 6 Santa Ana California or furnishing al :i. plant labor services9 ma er a_s an equ p- ment 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 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 DIVISION which said contract was •u ma•e an entere n o on •e th 1 9 61; and day of June I0 -2- on an comp e on rovement Job No. 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 designs,plans profiles drawings and specifications pre- pared by the Public Works De.artment 9 and the contract and en ere n o w it y he City of Anaheim; and WHEREAS, the Director of Public Works has duly certified tp the construction and completion of said public im- provement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said PLUMBING CONTRACTORS. INC. and 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 completion should be filed and payment of the balance due said contractor'authorized in accord- ance 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 per- formance of all work necessary to construct, install and complete„ in a good and workmanlike mann r, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the sams are hereby accepted, subject, nevertheless, to all the terms, conditions 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 final acceptance of ii -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 completion, 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 con- tractor 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 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 he snd they are hereby authorized to execute and file a noti 9 of completir,n of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this ll.t_th day of November 9 19 61 0 (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1 DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Coune3. of the ity of Anaheim, held on the 14th day of November 9 19 619 by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN:: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of November 9 19 bi 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of November 19 610 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 per- formance of all work necessary to construct, install 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 Clerk of the City of Anaheim, together with the appurtenances thereto, 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, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contractor for said work be paid to it thirty -five (3S) days from and after final acceptance of din 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 completion, 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 con- tractor 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 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. THE FOREGOING RESOLUTION is approved and signed by me this 14th day of November 19 61. ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 19 DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided b law of the City Counci of the City of Anaheim, held on the 14th day of November 9 1 9 61 by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of November 9 19 61. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Anaheim this 114th day of November 19 61 C CERK OF HE CI ANAHEIM