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1961-7449RESOLUTION NO. 7449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP 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 KNOTT- CERRITOS AVENUE SEWER IMPROVEMENT, IN KNOTT AVENUE F'goM CERR ITOS AVENUE TO THORTON AVENUE AND IN CERR ITO A�" FROM APPROXIMATELY 1330 FEET WEST OF KNOTT AVENUE TO KNOTT AVENUE, IN THE CITY OF ANAHEIM, JOB NO. 1217. 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 the 6th and 13th days of June 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 Knott Cerritos Avenue Sewer Improvement, consisting of the construction of 10 -inch and 8 -inch V.C.P. sewer lines in Knott Avenue from Cerritos Avenue to Thorton Avenue and in Cerritos Avenue from approximately 1330 feet West of Knott Avenue to Knott Avenue in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and laterals, 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. 1217; 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 22nd day of June 9 19 61 9 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 June 22 19 6 at the hour of 2:00 o'clock PeNo the City Clerk and C ity 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 erd 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 tc 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 27th day of June 19 6 61 1 s at the hour of :00 oyclock P consider the sealed proposals submitted or 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 P S. CONTRACTING CO. INC. P.O. Box 3 066 Sa Ana Cal or he construction insta ation and comp a o no sa Knot -Cerr i os Avenue S_wer Improvement ob No 12 ere nabove mentioned and described; was the owest responsib.e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said J. P. S. CONTRACTING CO., INC. for furnish g all plant labor services materials and 43475 7- 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 CO. INC. which said contract was y u ma a an enteredTto on n the rd day of July 19 61 and WHEREAS the said S �N. ING CO INC has furs s e a pan s abor sery ces 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 designR,plans, profiles, drawings and specifications pre- pared by le '11$1i Wo ks De ar t went D and the contract ma's an• en ere. n o w it •y he 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 CO., 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. -2- NOW "THEREFORE BE IT RESOLVED by the City Council of the City of An :helm that all plant, labor, servic_,s material and equipment and all utilities and transportatin and the per formance of all work necessary to construct, install and complete in a good and workmanlike manner, in strict .ccordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim together with the appurtenanccc =;s 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 acc©cpted subject, nevertheless to all the terms conditions and pr visions 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 said work as evidc,nc -'d 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 provi. =:ions of said contract and contract document That :,coeptance by the con- tractor of s:".id payments made in accordanc with said final shall operate and shall be a release to the City of Anaheim, its officers agents and employee 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 ita 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 Anahei be and they are hereby uthorized to execute and file a notice of completion of said work =s required by lax. THE FOREGOING RESOLUTION i. approved and signed by me this 12th day of December 9 1 9 61 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM I of Anaheim, do hereby certi introduced and adopted at a vided by law of the City Co 12th day of Decem (SEAL) City Clerk of the City y that the foregoing resolution was regular meeting pro unc o the it of Anaheim, held on the ber 19 61 by the following vote: _3m AYES: COUNCILMEN, Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 12th day of December 9 19 610 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December 19 61 0 CI CLERK OF THE CITY OF ANAHEIM