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57R-4028 /",'~ RESOLUTION NO. 4028 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 PUBLIC IMPROVEMENT: THE llOR'l'H FROM'T"GF. Rea n SF.WF.It TlJIPROVF.lmlll'T', FROM Ill'ItA STHF.F.'I' TO LINCOLN AVENUE. JOB NOa 1089. WHEREAS, the City Council of the Oity of Anaheim did cause to be published in a newspaper of general circulation, printed, published and ciroulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 28th day of May and 4th ds;y of June , 19 57 , a notice inviting sealed proposals tor furnishing the following: ---- All plant, labor, services, materials and equipment, and all utilities and transportation, in- cluding power, fuel ed WIt er, and performing all 11) rk 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 or City Engineer of the City of Anaheim, the following public improve- ment, to wit: The North Frontage Road Sewer IlIprove- _at, from Loara Street to Lincoln Avenue, consisting of the construction of V.C.P. sewer lines in the North Frontage Road from Loare. Street to Lincoln Avenue, in- clllding trenching, manhole construction, house lateral construotion, backfill, resurfacing and appurteaant work, as indicated on the plans, Job No. 1069. in accordance with the designs, plans, profiles and specifications pre- pa.red by Geo~~ Ea f!lYfike, C~ty E~~n.er and the notioe inviti~ sealed proposa s, w ic sai not oe speoified that sealed proposals as specified in said notice would be received up until 7too o'olock P. M. of the 11th day of .fune , 19-2L, and whioh said. notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Counoil of the City of Anaheim had asoertained the prevailing rate of wages for eaoh type of labor needed to exeoute said contraot and did set forth the prevailing hourly wage soale so ascer- , tained; and WHEREAS, at a regular meeting of the Oity Counoil held on the ~th day of Ju.ne , 19~, at the hour of ~tOO 0' clook P. .. of said date, said City Councrr-aid hold a public earing for the purpose of opening sealed proposals reoeived 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 ,- WHEREAS, the City Council did thereupon refer said bids to the Oit' En,ineer for examination, tabulation and report to t e ty ounc ,an sa d City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 11 th day of June , 19 )"1 ,at the hour of 7: 00 0 uQ:;'T::Y P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Cit~Engineer of the City of Anaheim did t ereupon 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 CO:CPANY, INC. 12084 Hestminster Bl Vd., Santa Ann, alifornia _ for the construction, installation and completion of said Norih Frontc.,c::e ROid Sewer Imurovement, from Lo&ra Street to LInco n Avenue Job No. 1089. hereinabove mentioned and descri ed was e owest respons Ie pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said J. P. S. Contr.::.ctinc' Conman , Inc. for furnishing a 1 plant, la or, serv ces, mater als 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 Olerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with . P. S. Contractin Com an , wh c sa contrac was uly ma e and entered into on the 12th day of June , 19-2Z..,; and WHEREAS, the said J P. ! C~ntrE~CrngOompanY. Inc. has furnished a 1 pant, abor, services, materials aii"i"-e(]v]pment and all utilities and transportation, and performed all WOr'lt necessary for the construction and completion, in a good and work- manlike manner, 1n 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 anQ spec ificat ions prepared by G 1,' Eol oke C1 t En'ineer , and the con ract made an en ere nto w by the City of Anaheim; and WHEREAS, the C1 tv Ene" Deer fiedtothe construction and completion of said public inabove mentioned and described in accordance with the tlons and the contract documents duly made and entered J. P. 8. Contrect1ng Company, Inc. has dUly certi- 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 ~)f the balance due said contractor authorized in accordance with the Jontract 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 necessary to construot, install and oomplete, in a good and workmanlike manner, in striot aooordanoe 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 described and set forth, in the City of Anaheim, by said con- tractor, be, and the same are hereby, aocepted, subJeot, neverthe- less, to all the terms, oonditions and provisions ot the contraot documents, and that the balance due said contraotor for said work be paid to it thirty-five (3S) days from and after final acceptance of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (JO) days after the date of the filing of notice of completion, excepting only suoh sum or sums as may lawfully be withheld in acoordance with the provisions of said contract and contract doouments. That aoceptance by the contractor of said payments made in acoordance with said final estimate shall operate and shall be a release to the Oity of Anaheim, its offioers, agents and employees from all claims and liabilities due the oontraotor for anything done or furnished or withheld or for anything relating to the work or any aot or neg- leot of the City, its offioers, agents and employees, exoepting only claims against the 01 ty for 8,ny amounts withheld by the Oi ty at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the Oity Olerk of the City of Anaheim be, and they are hereby authorized to exeoute and file a notioe of oompletion of said work as required by law. THE FOREGOING RESOLUTION is signed and approved by me this 6th day of August , 19 57 ~~Jat~~{~~~=-, .. ATTEST: 4n~-C } / ' .) / OLE t OF/~NAHEIM -~~ r- -3- -. STATE 'OF CA.UFORNIA ) COlDlTY OF 0JWfG1! ) SSe CITY OF ANAHEIM ) """'- I, DEME M. WIllIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was duly passed and adopted at an adjourned regular meeting of the Ci ty Council of the City of Anaheim, ReId on the 6th day of August, 1957, by the following vote of the .~ers thereofa AYES I COUICILMENI Pearson, Coons, Fry, Schutte and Wisser. )()ESI CQijJ(;ILMENI None. ABSENT: CQijJ(;ILMENI None. AND I FURTHER CERTIFY that the Mayor of the City of Anahea approved and signed said Resolution on the 6th day of August, 1957. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of August, 1957. i~ hi. 2/~ CITY CLERK OF THE CITY OF AlWmIM (SEAL) ...........-