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1961-7121RESOLUTION NO. 7121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND 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 CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE MONROE -GRAND AVENUE SEWER IMPROVEMENT, IN MONROE AVENUE FROM WESTERN AVENUE TO GRAND AVENUE AND IN GRAND AVENUE FROM MONROE AVENUE TO APPROXIMATELY 1I6 FEET NORTH THEREOF. IN THE CITY OF ANAHEIM, JOB NO. 122.2. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin 9 on May 2nd and 9th 19 61 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 accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Monroe -Grand Avenue Sewer Improvement, consisting of the construction of an 8 -inch V.C.P. sewer line in Monroe Avenue from Western Avenue to Grand Avenue and in Grand Avenue from Monroe Avenue to approximately 1L6 feet north thereof in the City of Anaheim, including house laterals, excavation, backfill, flooding and manholes, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 1222; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 18th day of May 1961 and which said notice did state and declare that, pursuant 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 prevailing hourly wage scale so ascertained; and WHEREAS, on May 18 19 at the hour of 2 :00 oiclock PeM the City Clerk anty Engineer of the City 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 aesd performing all work neces- sary 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 public improvement hereinabove more parti- cularly described 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 t, the City Council at its nett regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 23rd day of May 19 61 at the hour of o'clock P0M09 consider the sealed proposals submitted nishing the materials and performing the work hereinabove more particularly described and set forth and did thereupon find and determine that the sealed proposal submitted by e construe on nsta at on an. comp Grand Avenue Sewer Im.rovement Job No. 1222 ere na•ove mentioned and described» was t e owest respona b e proposal submitted therefor and thereupon accepted said bid and did award a contract to said J.P.S CONTRACTING CO., INC. for furnishing 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 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. S. CONTRACTING 00. INC. which said contract was u ma •e an en ere n o on •e 2 th day of May 19 61 and WHEREAS, the said J.P.S. CONTRACTING CO. INC. has furnished all plant l 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, designe,plans profiles drawings and specifications pre- pared by the Public Works De artment and the contract ma •e an en ere n o w it y •e City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public im- provement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said J.P.S. CONTRACTING 00.. INC. and 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 completion should be filed and payment of the balance due said contractor'authorized in accord- ance with the contract documents. sa Monroe- 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 per- formance of all work necessary to construct, install and complete, in a good and workmanlike mannr, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be and the sam are hereby accepted, 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 sa c 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 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 con- tractor 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 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 th y are hereby authorized to execute and file a notice of cc omp:? eti on of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 15th day of Au ust 19 6 1 0 (SEAL) AYES: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS of Anaheim, do hereby certify introduced and adopted at a vided by law of the City Co 15th day of August COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte NOES: COUNCILMEN None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of Anaheim approved and signed said resolution on th August 1961 City Clerk of the City hat the foregoing resolution was regular meeting pro urei of the ity of Anaheim, held on the 19 61 9 by the following vote: of day of IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15ah day of August 19 61 0