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58R-4363 -, - RESOLUTI ON NO. 4363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACOEPTING THE OOMPLETION AND THE FURHISHING OF .ALL PLAHT, LAiBOR, SERVIOES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO OONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: 'rHE PLA.CElfTll-KORAVA. SKWJ:R IMPROVEM'EN'J' nl PT...A.C1r.V'J'U AVEIIUE, nOlI h.7~ ll'EK'l' 1fOR~ OF KORAVA. A.VIdlmc '1'0 MORAVA A.nJmE, AND III KORAVA AV1Ii:lmE, FROM: PLA.CD'l'IA AVEIroE WRS'nBLY l~O FEET, JOB lIOa nna 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 Oity of Anaheim, to wit: The Anaheim Bulletin, on the 20th and ~7th daYA nr n.ft._h.~ , 19~, a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and e.uip- .ent, and all utilitiea and traDsportation, including power, fuel and water, and performing all work neceasary to construct and complete in a good amd workmanlike manner, in strict accord- ance with the speeificatioDa, plans and drawings therefor on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: The Placentia-Korava Sewer Improvement, consisting of the construction of a V.C.P. sewer lateral in Placentia Avenue, from 475 feet north of Morava Avenue to Morava Avenue, and in Morava Avenue, frG.m Placentia Avenue westerly 150 feet, ineluding trench- ing, flooding, baekfill, manhole eonstruction, resurfaoing, clearing of right-of-way and appurte- nant work as indieated on the plans, Job No. 1113, ,- in accordance with the designs, plans, prOfiles and specifica- tions prepared by Gaor2a Ka HolTok.~ City En2ine.r and the notice inviting sealed proposals, which sa1d notice speci- fied that sealed proposals as specified in said notioe would be received up until 2:~ 0' clock P.M. of the 2Dcl day of JaDUI.rY , 19 , and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Counoil of the Oity of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exe- cute said oontract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on January 2 , 19.5a-, at the hour of 2:00 o'clock P.M., the City 01erk 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 necessary to con- struct and complete, in a good and workmanlike manner, in strict accordanoe 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 particularly 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 to the City Council at its next ad,ourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next ad'oll.rDed regular meeting, held on the 7th day of JanuaPy , 19-5L, at the hour of 7:QO o'clook P.K., eonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more partioularly described and set forth. and did thereupon find and determine that the sealed proposal submitted by .l.P.S. CONTRACTING COMPANY. INC.~ P. O. Box 3066. Santa Ana. CaliforDia for the construction, installation and completion of said PLACENTLl- KOnVA smnm DlPROVEMIlI'l'. .lOB liO. llB , hereinabove mentioned and desoribed. was the lowest responsible proposal submitted therefor. and thereupon accePted said bid and did award a contraot to said .l.P.S. COVTRACTING COMPANY, IIC.~ P. O. Box 3066. SaDta ADa. Calif.rnia 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 speoified in said notice inviting sealed proposals, and did author- ize 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 .l.P.S. CONTRACTING COKPAWY TNC. whioh said contract was duiy made and entered into on the 9T.b day of .Tann..ry , 19-5.6.-; and WHEREAS. the said .l.P.S. CONTRACTING COMPAHY, IIC. has furnished all plant, labor, services, materials and equipment and all utilities and transportation. and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans, drawings, of said public improvement as speoified in the notioe inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and specifications prepared by Geor~e E. Holyoke. City En~ineer , and the oontraot made and entered into with it by the City of .Anaheim; and WHEREAS, the City lD~iDe.r has dull oertified to the oonstruction and oompletion of said publio improve- ment hereinabove mentioned and desoribed, in aooordanoe with the plans and speoifioations and the contraot doouments duly made and entered into with said J.P.S. CONTRACTING COMPANY. INC. Z and ,- WHEREAS, the City Oouncil finds that said oontractor has completed said pUblic improvement hereinabove more particularly de- scribed in accordance with the prOVisions of the contract and the contract doouments, and that notice of completion should be filed and payment of the balance due said contractor authorized in aooord- ance with the contraot doouments. -2- -, - ,....... 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 performanoe of all work necessary to construct, install and oomplete, in a good and workmanlike manner, in strict acoordance with the specifica- tions, plans and drawings therefor on file in the Office of the City Olerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hereinabove more partioularly de- scribed and set forth, in the City of Anaheim. by said oontraotor, 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 (3,) days from and after final aoceptanoe of said work as evidenced by the adoption of this resolution, but not sooner tbaa thirty (30) days after the date of the filing of notice of oom- pletion, exoepting only such sum or sums as may lawfully be withheld in aocordanoe with the prOVisions of said contraot and oontraot doouaents. That aooeptanoe by the oontractor of said payments made in aocordance 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 oontraotor 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 suoh payment. AND BE IT FURTHER RESOLVED that the Kayor and the City Clerk of the City of Anaheim be. and they are hereby authorized to exeoute and file a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 11th day of February >> 19...58-0 4//~ ~~~~TY O~ A~/;FjST : ~ -;2~. ~J-::5,/~;.~-, CITY CLERK OF THE CITY OF ANAHEI:M STATE OF CALIFORNIA ) COUITY OF ORANGE ) sSG CITY OF ANAHEIM ) I, DElIIE M. WILLIAMS . City Clerk of the Oity of Anaheim, do hereby certify that the foregoing resolution Wal intro- duoed and adopted at a regular meeting provided by law of the City Counoil of the Oity of Anaheim, held on the ], tb day of F.m~'apy , 19~, by the following vote: .AYES: COUNCILMEN; Pearson, Coons, Fry, Schutte and Wisser 1I0ES: OOUliOILHEli. None - .ABSENT~ OOUliCILKE!h None .AND I FURTHER CERTIFY that the :Mayor of the City of Anaheim approved and signed said resolution on the 11th d8J' of Febpuary D 19--5ao IN WITNESS WHEREOF. I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th d8J' of Febpuary D 19~o /~ ~ ~ ~~'OiAiAllEII -:3- (SEAL)