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58R-4434 - ,,-. RESOLUTI ON NO. 4434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AlfAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURlIISHING OF ALL PLANT, LABOR. SERVICES, IIA- TERIALS AMD EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER. AND PERFORMING ALL WORI NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE WALNUT STRRRT SEWER LATERAT.. FROM KA'l'RT.L.A. AVENUE TO CERRITOS AV~u~. JOB NO. 1121. WHEREAS, the City Counoil of the City of Anaheim aid oause to be published in a newspaper of general oiroulation, printed, published and oiroulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 14th and 21st days o~ J.i'(Illh~1a'l'"J' , 19--a, a notioe inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- 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 accord- ance with the specifications, 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 Walnut Street Sewer Lateral, consisting of the construction of a V.C.P. sewer lateral in Walnut Street, from Katella Avenue to Cerritos Avenue, including trench- ing, manhole construction, back fill, resurfacing, and appurtenant work, as indicated on the plans, Job No. 1121, ,- in aocordanoe with the designs, plans, prOfiles and speoifio~ tions prepared by Georlle E. Holvoke. Cltv Enllln.ar and the notioe inviting sealed proposals, whioh sald notioe ,peci- fied that sealed proposals as specified in said notice would be reoeived up until 2:00 o'olook P.I. of the 21th day of February , 19-5lL., and whioh 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 asoertained the prevailing rate of wages for eaoh type of labor needed to exe- oute sald contract and did set forth the prevailing hourly wage 80ale so asoertained; and WHEREAS, on Februarv 27 , 19..5tL, at the hour of 2:00 o.clock P.K., the City Clerk and City Engineer of the -1- J -. ~ r"' Oity 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 oomplete, in a good and workmanlike manner, in strict accordanoe with the speoifioations, plans and drawings therefor on file in the Office of the Oity Clerk of the City of Anaheim, the pUblio improvement hereinabove more particularly desoribed 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 ad1oUl'Ded regular meeting; and WHEREAS, the City Counoil of the City of Anaheim did, at its next ad'ou:rnAd regular meeting, held on the ~ day of MA'lORn . 19-2L. at the hour of 7:00 0 clock P.lI., oonsider 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 J.P.S. CONTRACTING COMPANY. INC.. P. O. Box 3066. Santa Ana. California for the construction, installation and completion of said ..~.NT1'T' STREET SEWER LA'l'RRAT., JOB NO. 1121 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon acoepted said bid and did award a contraot to said J.P.S. CONTRACTING COMPANY, INC. , for furnishing all plaht, labor, servioes, 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 notioe inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to execute a oontraot for and on behalf of the City of Anaheim with J.P.S. CONTRACTING COMPANY. INC.. P. O. BOX ~Obb, Santa Ana, Caliro:rnia whioh said oontract was duly made and entered into on the ~th day of Ma:rcn , 19-5lL; and WHEREAS, the said J. P . S. CONTRACTING COMPANY, TIIm _ , has f urn1shed all plant, labor, servioes, materials and equipment and all utilities and transportation, and performed all work neoessary for the oon- struotion and oompletion. in a good and workmanlike manner, in striot accordanoe with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and speoifications prepared by ~an:rgA R, Holyo~., Ct~ ~ni'nAA:r , and the contraot made and entered into with it by the City of Anaheim; and WHEREAS, the City Eniineer has dull oertified to the construction and completion of said public improve- ment hereinabove mentioned and described, in aocordanoe with the plans and speoifioations and the contract documents duly made and entered into with said J.P... CONTRACTING COMPANY. INC. i and , r" WHEREAS, the Oity Oouncil finds that said oontractor has oompleted said pUblic improvement hereinabove more particularly de- soribed in accordance with the prOVisions of the oontract and the oontract doouments, and that notice of oompletion should be filed and payment of the balance due said oontraotor authorized in accord- ance with the oontract documents. -2- "'~~ lOW. THEREFORE. BE IT RESOLVED by the Oi ty Oounoil of the City of Anaheim that all plant>> labor. servioes~ materials and equipment and all utilities and transportation. and the performance of all work neoessary to oonstruot~ install and complete, in a good and workmanlike manner. in striot aooordanoe with the speoifio&- tions~ plans and drawings therefor on file in the Offioe of the Oity Olerk of the City Of Anaheim~ together with the appurtenances thereto. said publio improvement hereinabove more particularly de- soribed and set forth. in the City of Anaheim. by said oontraotor, be, and the same are hereby accepted. subJeot. nevertheless, to all the terms. oonditions and provisions of the contraot doouments, and that the balanoe due said contractor for said work be paid to it thirty-five (35) days from and after final acoeptanoe 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 oom- pletion. excepting only suoh sum or sums as may lawfully be withheld in acoordanoe with the provisions of said contraot and contraot doouments. That aoceptance by the oontractor of said payments made in aooordanoe with said final estimate shall operate and shall be a release to the City of Anaheim. its offioers. agents and employees from all claims 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 olalms against the City for any amounts withheld by the City at the time of suoh 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 notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 2E5th day of March . 19~. i2ST: ,-- , -CI.fiC~OF~~~AWiEI)( STATE OF CALIFORNIA ) COUK'1'Y OF ORANGE ) ss. CITY OF ANAHEIM ) I. DEllE M. WILLIAMS . City Clerk of the Oity of Anaheim. do hereby certify that the foregoing resolution was intro- duoed and adopted at a regular meeting provided by law of the City Oounoil of the City of Anaheim. held on the ?~t:h day of March . 19~. by the following vote: .AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser C!:~~2~ HA!OR OF THE CITY OF AiWitIx 10ES: COUNCILHEI: None ~ ABSENT. COUICILHEN. None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2~th day of March . 19....s:a...,. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offioial seal of the City of Anaheim this 2~th day of Maroh >> 19~e (SUI.) ~ ~ -:2-~~ C1 ' CLERIC OF THE CITY OF AlIm:tx -}-