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58R-4362 - -~. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY AOOEPTING THE OOMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, HA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANI>- PORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NEOESSARY TO OONSTRUOT AND OOMPLETE THE FOLLOWING PUBLIO IMPROVEMENT, TO WIT: 'rHJ: LUCOLll j,VEJIUE SEWER IMPROV'llMRW'l' ,ROM LOAJll. S'fRR1l:T TO EUCLID A VRl1lJ'R, .TOB va - "" 4362 WHEREAS, the City Counoil of the Oity of Anaheim aid oause to be published in a newspaper of general oirculation, printed, published and oirculated in the Oity of Anaheim, to wit: The Anaheim Bulletin, on the 20th a04 27th daTil At' n..il............ , 19~, a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- aent, and all utilities and transportation, including power, fuel and water, and performing all work mecessary to construct and complete 1n a good and workmanlike maDner, 1n strict accord- ance with the specificationa, plaDs and draw1ngs therefor on file in the office of the City Clerk or C1ty EDgineer of the City of Anaheim, the following public improvement, to wit: The Lincoln Avenue Sewer Improvement, from Loara Street to Euclid Avenue, on the north side of the street only, consisting of the construction of a V.C.P. aewer lateral on the north side of Lincaln Avenue, from Loara street to Euclid Avenue, including trenching, flooding, backfill, manhole conatruction, jaCking, resurfacing and appurtenant work aa indicated on the plans, Job No. 1111, ,- in aocordance with the designs, plans, prOfiles and speoifica- tions prepared by Geor28 E. HGlyftkA, Citv EncinAAP and the notice inviting sealed proposals, which s~d notice speci- tied that sesled proposals as speCified in said notioe WOQld be received up until 2:00 o' clock P.K. of the 2nd day of JaDuarv , 19~, and which said notice did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Oode, the Oity OOQncil of the City of Anaheim had asoertained the prevailing rate of wages for each type of labor needed to exe- oute said oontract and did set forth the prevailing hourly wage scale so asoertained; and WHEREAS, on Jamu&zoy 2 , 19..sB-, at the hour of 2:00 o'clock P.M., the Oity Olerk and Oity Engineer ot the -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, inoluding power, fuel and water, and performing all work neoessary to oon- struot and complete, in a good and workmanlike manner, in strict aooordanoe with the speoifioations, plans and drawings therefor on file in the Office of the Oity Olerk of the Oity of Anaheim, the pUblio improvement hereinabove more partioularly described and set forth, in public, in the City Counoil 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 ad10urned regular meeting; and WHEREAS, the Oity Counoil of the Oity of Anaheim did, at its next .djQU~nAd regular meeting, held on the 7th day of .Ta.....D"7 . 19.....5tL, at the hour of 7:00 o'olock P.K., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by J.P.S. COH~RACTING COMPANY. INC.. P. O. Box '066, Santa Ana, Cali~.rnia for the oonstruotion, installation and oompletion of said LIICOLN .lVDUE SWKR DlPROV1i:Mli:ll'l', .rOB KOA 11\1 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon aooepted said bid and did award a oontraot to said .rAP.S. CONTRACTTWG COMPANY, nTC., P. O. Box 1066, Santa Ana, Califerni~ for furnishing all plaht, labor, servioes, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work neoessary to oonstruct and complete, in a good and workmanlike manner, in striot acoordance 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 oontraot for and on behalf of the Oity of Anaheim with J.P.S. CONTRACTING COMPANY. INC. whioh said contraot was duly made and entered into on the day of Junlary . 19-5lL; and , 9th WHEREAS, the said .r.P.S. CONTRACTING COHPAHY, IIC. has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the oon- struction and oompletion, in a good and workmanlike manner, in strict aooordanoe with the speoifioations, plans, drawings, of said publio improvement as speoified in the notioe inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and .peoifications prepared by Gear,. Et Helyeke, City Eniinear , and the contraot made and entered into with it by the Oity of Anaheim; and WHEREAS, the Citv EDlinear has dull oertif1ed to the oonstruotion and oo.p~et1on of said pub~io improve- ment hereinabove mentioned and described, in accordance with the plans and speoifications and the contract doouments duly made and entered into with said ~.S. CQ~~CTIIG COlliNI, IIC. ; and WHEREAS, the City Counoil finds that said contraotor has completed said pUblic improvement hereinabove more partioularly de- soribed in aocordanoe with the prOVisions of the oontraot and the oontraot documents, and that notioe of oompletion should be filed and payment of the balanoe due said contraotor authorized in aooord- ance with the oontraot 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 performance of all work necessary to construct, install and complete. in a good and workmanlike manner>> in strict accordance 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 pfJ.b11.c improvement hereinabove more particularly de- scribed and set forthf in the City of Anaheim, by said contractor. be? and the same are hereby aocepted>> 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 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 com- pletion, 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 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 officersp agents and em- ployees. exoepting 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 11th day of 0" February ~" 19-5.8-. ATTEST: / ) ~.: //}~/.. .... c-u/CZ::>/'/e~~ MAYOR OF THE CITY OF ANAHEIM I L ~ / /(. ,!// ./ LL.- .; ~"- CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) IF DENE M. WILLIAMS , City Clerk of the Oity of Anaheim, do hereby certify that the foregoing resolution was intro- duced and adopted at a -- regular meeting provided by law of the City Council of the CUy of Anaheimp held on the , H.h day of Februarv ., 19~, by the following vote~ AYES~ NOES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser COUNCIL.M:EN~ None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 11th day of Ji1Ah...,...",y f! 19~o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of F'Ah:r11a "',. ,l9~. ( SEAL ) .... c { . /', . ~/<.-L //( /(/~'-.r.~~/ CITY CLERK OF THE CITY OF ANAHEIM -j-=