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57R-4094 -. RESOLUTION NO. 4094 ~. ,,,,-.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PIA~, UOOR, SEP.... VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOIIiNG PUBLIC IlIPROVEJ.!ENTs 'T'HF. PT.Ar.RNTTA_J.A P~T.MA-STTNKT$1' S~ LATERAL, JOB NO. 1099. . ~, the City Council of the City of Anaheim did cause to be pub- lished. in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wits The Anaheim Bulletin, on the 28th day or June apd 'lfhe i)th day or July , 19 57 , a notice inviting sealed pro- posal. for furnishing the followings All plant, labor, services, materials and equipment, and all utilities and transportation, including power, ruel and water, and performing all work necessary to construct and complete, in a good and workmanlike man- ner, in strict accordance with the specifications, plans and drawings therefor on file in the offica of the City Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: The Placentia- La Palma-Sunkist Sewer Lateral, consisting of the con- struction of a V.C.P. sewer lateral in Placentia Avenue from Sycamore Street to La Palma Avenue; in La Palma Avenue from Placentia Avenue to Sunkist Street; and in Sunkist Street from La Palma Avenue to 1305 feet North of La Palma Avenue, including trenching, manhole con- struction, backfill, resurfacing and appurtenant work, as indicated on the plans, Job No. 1099. __r" in accordance with the designs, plans, profiles and specifications preparad by ~]OC Eo HnlynkA City EniinAAr> and the notice inviting sealed .pols, whicn sai~ notice specified'that sealed proposals as specified in said notice would be received up until ~:RO 0' elook P. M. of the 9i;h day or July, 19...5l.., and wh c said notice did state a~e 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 pre- vailing hourly wage scale so ascertained; and WHEREAS, at a regular meeting of the City Council held on the ~day of July, 19 57 , at the hour of 7: 00 o' clock P~f said date, said City Council did hold a public hearing for the purpose of opening sealed. proposals received up to that time, for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and -1- - - -" ,,-.... complete, in a good and workmanlike manner, in strict accordance with the speci- r~cations, plans and drawings therefor on file in the office of the City Clerk 91 the City of Anaheim, of the public improvement hereinabove more particuJ.arly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the ~ ~lneer for examination, tabulation and report to the City Cou an said 01 t::v EXl~1neer did thereupon examine and tabulate said sealed pro- posals and report he result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 9th day of Julv, 19.51-, at the hour of 7:!JO 0' clock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particuJ.ar1y described and set forth, and the C1tREnrneer of the City of Anaheim did thereupon make his repa an. submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by J.P.S. CONTRACTING COMPANYp INC., 120811 WA~t.m1n",tAT' R1vn . ~An+'A AnA, CR] 1 l' n1"'n i a for the construction, installation and co. pletion of s~id PLACENTIA-LA. PALMA-SUNKIST SEWER LATER1l.T., .TOR NO. ] Oqq, hereinabove mentioned and des- cribed was the lowest resnonsible proposal submitted therefor, and thereupon ao- cepted said bid and did award a contract to said J.P.S. CONTRACTING COMPllY, INC. ' 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 City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with _____ J P ich said entered into on the 11th day of July lIHERElS, the said J .,P. S. CONTRACTING COMPANY, TNC_ has f.urnished 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 b,y ~ C1 t::v ~l2:iDeer , and the contract made and enterea-- into wi h them by the City of Anaheim; and WHEREAS, the CitY' EDlzineer the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said ; and has duly certified to improvement hereinabove mentioned specifications and the contract J.P.S. CONTRACTING COMPANY, INC. 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 com- pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. ,....c. -'c NOW, THEREFORE, BE IT HESOLVED 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 spe- cifications, plans and drawings therefor on file in the office of the City Clerk of the City of Anaheim, together with the appurtenances thereto of 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, -2- - - ,,-.. nevertheless, to all the terms, conditions and provisions of the contract docu- ments, 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 compl~tion, excepting only such sum or sums a8 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 lia- bilities due the contractor for anything done or furnished or withheld or for aqything 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. day of THE FOREGOING RESOLUTION is signed and approved by me this lOth September , 19 "57 . ./--~" ;:4 <:=> '. / --t&J (1M ~~OF~- ATTESTI .1:; ~); ... . ~- C - 0 ~AiWlEIII SrAft OF CALIFORNIA .~ COUNTY OF ORANGE ss. CITY OF ANAHEIM Anaheim, at a of - I, DEN~ M. ~~~~~ ' City Clerk of the City of do hereby ce ify a e oregoing Resolution was passed and adopted regular meeting of the City Council held on the 10th da;v September ,19 Ci7 ,by the following vote of the members thereotl AYES a COUNCIUlEN Pearson, Coons, Fry, schutte and Wisser NOESl COUNCILMEN None ABSENT a COUNCILMEN 1 None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 10th day of SeutAmhAl" , 19..21.-. IN WITNESS WHEREOF, I have hereunto set my hand and. affixed the seal of the City of Anaheim this lOt:q. day of Septemher, 19..2.1-.- _.c'- LQ '>>r --v-~ v CI~CLERK OF THE ct OF ANA (SEAL) -3-