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57R-3757 RESOLUTION NO. 3757 ,-<-~ A RESOLUTION 01>' THE CITY COUNOIL m' THE CITY OF ANAHEIM FINALLY AOCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INOLUDING POWER, FlJEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE LA. PALMA AVE. SEWER EXTF.N~ION ALONG LA. PAT,)" AVE. FROM A POINT 104 FEET EAST OF lUGNOLIA. AVE. TO A. POINT 602 FEET WEST OF MAGNOLIA AVE., JOB NO. 1077. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general oi-oulation, printed, pUblished and ciroulated in the Oity of ~~aheim, to wit: The ~~aheim Bulletin, on the lOth day and 16th dav of Oatober , 19 ~6 ,a notice inviting sealed proposals for furnishing the following: 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 acoordance with the specifications, plans an4 drawings therefor on file in the office of the City Clerk of the City of Anaheim, the following public improvement, to wit: The La Palma Avenue Sewer Extension, along La Palma Avenue from a point 104 feet East of Magnolia Avenue to a point 602 feet West of Magnolia Avenue, consisting of excavation, construction of an 811 V.C.P, sewer main, a 411 house oonnection, 8" x 4" wyes, construotion of two standard manholes and one drop manhole, paving, and appurtenant work, as indicated on the plans, Job No. 1077, in acaordance with the designa, plans, profiles and specifications pre- pared by George E. Holyoke, City Engineer and the notice inviting sealed proposals, which said notioe specified that sealed proposals as specified in said notice would be received up unti17:00 o'clock P.M. of the 23rd day of' October , 19 56 , and whioh said notice did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Oode, the City Council of the City of Anaheim had asoertained the prevailing rate of wages for each type of labor needed to exeoute said contraot and did set forth the prevailing hourly wage scale so asoer- tained; and ~ "-..".. " WHEREAS, at a regular meetinK of the City Oouncil held on the 2)rd day of October , 19 56 , at the hour of 7:00 o'olook P.X. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals reoeived up to that time, for 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 neoessary to oonstruot and complete, in a good and workmanlike manner, in strict aooordance with the specifications, plans and drawings therefor on file in the office of the City Clerk r-- of the City of Anaheim, of the public improvement hereinabove more partioularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the Oi ty En~ine.r for examination tabulation and report to the Oity Counoil, and said City En~ineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Oounoil; and WHEREAS, the City Council did meet in regular session on the 23rd day of October , 19 56 , at the hour of 7:00 0'c1ock P.M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more partiou1arly described and set forth, and the City En~ineer of the City of Anaheim did thereupon make his report and 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 COMPANY. INC. for the construction, installation and completion of said THE LA PALMA AVENUE SEWER EXTENSION. JOB NO. 1077 hereinahove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said J. P. S. CONTRACTING COMPANY, INC. for furnishing all plant, labor, services, materials and equipment and all utili ties 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 specifioations, plans, and drawings, the said public improvement as specified 1n said notioe 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 COMPANY, INC. , which said contract was duly day of October made and entered into on the 24th 19.22-; and WHEREAS, the said J. P. 8. CONTRACTING COMPANY, INC. has furnished 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 speoifications prepared by Geor~e E. Ho~yoke, City Engineer , and the oontract made and entered into with it by the C1 ty of Anaheim; and WHEREA.S, the 01 t:v En~1neeI' has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in aocordance with the plans and specifications and the contract documents duly made and entered into with said J.P.S.CONTRACTING COMPANY, INC. ; and WHEREAS, the City Council finds that said contractor has oom- pleted said public improvement hereinabove more particularly desoribed ~ in aooordance 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 aooordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant, labor, services, materials and equipment -2- - 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 speoifioations, plans and drawings therefor on file in the office of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto of said pUblic improvement hereinabove more partioularly desoribed and set forth, in the City of Anaheim, by said con- tractor, be, and the same is hereby, aocepted, subject, neverthe- less, to all the terms, conditions and provisions of the contraot documents, and that the balance due said contractor for said work be paid to it thirty-five (35) days from and after final aoceptance of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (::;0) days after the date of the filing of notice of completion, exoepting only suoh sum or sums as may lawfully be withheld in aooordance with the pro- visions of said oontract and contraot doouments. That aooeptance 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 neg- lect 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 Oity Clerk 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 was signed and approved by me this 26th day of Karoh , 19 '57 (~~~~ AtraEIH ~ ATTEST: '", -~.~~ or CLERK OF THE or . OF ANAHEIM -- ,- -.3- - STATE OF CALIFORNIA OOUNTY OF ORANGE cm OF ANAHEIM ~ 58. I, DENE M. WILLIAMJ, City Clerk of the City of l!.naheim, do hereby certify that the foregoing Resolutions was duly passed and adopted at a regular meeting of the City Council of the City of Ana~eim, held on the 26th day of March, 1957, by the following vote of the members thereof: Aym: COUNCIlMEN: Pearson, Fry and Wisser Nom: COUNCIlMEN: None AmENT: COUNCIlMEN: Coons and Schutte AND I FURHI'ER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 26th day of March, 1957. IN WITNE3S WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of March, 1957. / ~ ~. ~-- ~/4~ k .J~A~ em CLEE OF THE cm OF AUHEIM (SiALl ,,-