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57R-3938 ~".".. - -- RESOLUTION NO. 3938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- 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 FOLLOWING PUBLIO IMPROVEMENT: THE BROOKHURST STREEt SEWER. IMPRO~:w. FROM B~;DWAY ~O 1050 FEET SOtf'l'ii OF __ 'AY, JOB~~ 102-. 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 Clerk of the City of Anaheim, the following public improvement, to wit: The Brookhurst Street Sewer Improve- ment, consisting of the construction of a V.C.P. sewer lateral in Brookhurst Street from Broadway to 1050 feet South of Broadway, including trenching, manhole construction, backfill, remodeling of an existing standard manhole to a drop manhole, resurfacing and appurtenant work, as indicated on the plans, Job No. 1095, in accordance with the designs, plans, profiles and specifications pre- pared by Geor e . Hol oke Cit En ineer and the notice inviting sealed proposals, w ic said notice specif ed t at sealed proposals as specified in said notice would be received up until 7:00 o'clock P. M. of the 9th day of ~Drll , 19...21..., and which said notice did state and declare t at, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the Oity 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 ascer- tained; and - WHEREAS, at a regular meeting of the City Council held on the 9~ day of ~Dril , 19~, at the hour of t:OO o'clock P. . of said te, said City Councrr-nid hold a public earing 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, including power, fuel and water, and per- -1- / - forming 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 Clerk of the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and -" the tabu Council did thereupon refer said bids to for examination, e ty ounc 1, an sa d Oi ty En~ineer did thereupon examine and tabulate sai sealed the result of his tabulation to the City Council; proposals and report and WHEREAS, the City Council did meet in regular session on the --3th day of April , 19 )( ,at the hour of 7:00 o'clock P.M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the City Engineer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Oouncil dld thereupon find and determine that the sealed proposal submitted by J. P. S. CONTRACTING COMPANY. INC.. 12084 Westminster Blvd. Santa Ana. California for the construction, installation and completion of said BROOKHURST STREET SEWER IMPROVEMENT. JOB NO. 1095. hereinabove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to aaid J. P. S. CONTRACTING COMPANY, 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 speci- fications, 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. S. CONTRACTING COMPANYa INC. , which said contract was duly mae and entered into on the 12th day of April , 19,2L; and WHEREAS, the said J. P. S. CONTRACTING COMPANY, INC. has furnished all plant, labor, services, materials and eql.tipment and all utili ties and transportation, and performed all work necessary for the construction and completion, in a good and work- manlike me.nner, 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 by Geor e E. Hol oke Cit En ineer , and the con ract made and en ere nto w by the City of Anaheim; and WHEREAS, the City Engineer fied to the construction and completion of said public inabove mentioned and described in accordance with the tions and the contract documents duly made and entered J. P. S. CONTRACTING COMPANY, INC, has duly eerti- improvement here- plans and specifica- into with said ; and WHEREAS, the City Council finds that said contractor has com- pleted 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 accordance 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 -2- .,'-' - ~ .~, and all utilities and transportation, and the performanoe of all work neoessary to oonstruot, install and oomplete, in a good and workmanlike manner, in striot aooordance with the specifications, plans and drawings therefor on file in the office of the Oity 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 con- tractor, be, and the same are hereby, accepted, subject, neverthe- less, to all the terms, conditions and provisions of the contraot documents, and that the balance due said contraotor 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' notioe 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 contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the Oity 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 neg- lect of the City, its officers, agents and employees, 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 Olerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of oompletion of said work as required by law. THE FOREGOING RESOLUTION is signed and approved by me this 11th day of .Jm.." ' 19 '57 MAY~AIlEIM Pro Tem ATTEST: X~tft~ ttkRk1F 1f1Y~1~~firA~ffi)M -3- .-., STATE OF CALIFORNIA ) COUNTY OF OllANGE ) 55 . CITY OF ANAHEIM ) -.. - I, DENE M. WIllIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Anaheim, held on the 11th day of June, 1957, by the following vote: AYES: NOES: ABSENT : CooNCI !.MEN: camel !..MEN : COUNCILMEN : Coons, Fry, Schutte and Wisser. None. Pearson. AND, I FURTHER CERTIFY that the Mayor Pro Tern of the Ci ty of Anaheim signed and approved said Resolution on the 11th day of June, 1957. IN WITNESS WHEREOF, I have herunto s.et my hand and affixed the seal of the City of Anaheim this 11th day of June, 1957. " "'-... '/. .. .... )..' It:;./C~ ~;I'THE/c1;Y ~~{~nr~ ( SEAL) ~..