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57R-3939 - .- RESOLUTION NO. 3939 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 HARBOR BOULEV.ARD SEWER IMPBO VEMENT, JGB NO. 1096. 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 Harbor Boulevard Sewer Improvement, consisting of the construction of a vitrified clay pipe and a cast iron pipe in Harbor Boulevard from Katella Avenue to 1840 feet South of Katella Avenue, including trenching,manhole construction, backfill, resurfacing and appurtenant work, as indicated on the plans, Job No. 1096, in accordance with the designs, plans, profiles and specifications pre- pared by Geor e E. Hol oke Clt En lneer and the notice inviting sealed proposa s, w ic said notice speci ed t at sealed proposals as specified in said notice would be received up until 7:00 o'clock P. M. of the 21rd day of April , 19~, and which said notice did state and declare that, pursuant to 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 ascer- tained; and - WHEREAS, at a regular meeting of the City Council held on the 2~rd day of April , 1957. , at the hour of ~:OO o'clock P. . of said date, said City Councrr-did 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 - WHEREAS, the City Council did thereupon refer said bids to the City Engineer for examination, tabulation and report to the City Council, and said City En~nee~ did thereupon examine and tabulate sai sea ed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 23rd day of April , 19 52--, at the hour of 7:00 o&clock P.M. to consider the sealed pro~s submitted fo!' 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 Council did thereupon find and determine that the sealed proposal submitted by J. P. S. CONTRACTING CO., INC.. 12084 Westminster Boulevard, Santa Ana, Ealifornia for the construction, installation and completion of said HARROR BOULEVARD SEWER IMPROVEHENT, JOB NO. 1096 hereinabove 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. CON~TING CO.. INC. for furnishing all plant, la or, 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 invlting 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. CONT~CTING Cf" ~C. , which said contrac was du y IDa e and entered into on the 25th day of April , 19...5.2-; and WHEREAS, the said J. P. S. CONTRACTING CO., INC., has furnished all plant, labor, services, materials anc.9qulpment and all utilities and transportation, and performed all work nacessary for the construction and completion, in a good and work- ffianlike lllB.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 Gefrge E. J:;olYOk.e. Citv Ef;~iney , and the con ract ma e and entered nto w th it 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 CO., 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 of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Oity 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 specifications, plans and drawin6s there~or on ~~~e ~n the o~~ice o~ the City 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 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 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 accordanoe 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, excepting only claims against the City for e,ny amounts withheld by the City at the time of suoh payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notioe of completion of said work as required by law. this THE FOREGOING RESOLUTION 11 th day 0 f June is signed and approved by me , 19 57 ~ MA R . OF ANAHEIM Pro Tern ATTEST: '--,,- '~OLEfitOF "1fii/ctTY~.(1~AHEIM -3- STATE OF CALIFORNIA ) COUJITY OF ORANGE ) ss. CITY OF ANAHEIM ) ~- - I, DENE M. WILUAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolut1.on was paued and adopted at a regular meeting of the City Council of the Ci ty of Anaheim, held on the 11th day of June, 1957, by the fOllowing vote: A YES: NOES I ABSENT: COUN:;ILMEN: COUNCILMEN: COUICILM!!N: Coons, Fry, Schutte and Wisser. None. Pearson. AND, I FURTHER CERTIFY that the Mayor Pro rem of the City of Anaheim signed and approved said Rewolution on the 11th day of June, 1957. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of June, 1957. ,/ c .......'--- c_-- j ,. ,c'x.......t:.-..<c--e.. g,l-/( ?~.'.,e: ..~ t:C-<.-It..y~,,- CITY CL!RK OF THE CITY OF ANAHEIM ( SEAL) ~-