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56R-3458 ~,. RESOLUTION NO. 3458 A RESOLUTION OF TH~ 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 PERFORMINO ALL WORK NECES. SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE J:I.AGNOLIA AVENUE SEWER IMPROVEHENT, FROM ORANGE AVENUE NORTEERLY 400 l"EET, JOB NO. 1066 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, on the l~th day and the 26th day of June. , 1 ~u_ , a notice inviting sealed proposals for furnishing the folIOWIng: All plant, labor, services, materials and equipment, anet 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 specifications, plans an~ drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the following public im)rovement, to wit: The Magnolia Avenue Se\ver Improvement, from Oran,:'e Avenue northerly 400 feet, consisting of the construction of manholes and trap manhole, 10-inch V.C.P. sewer laterals and 8-inch V.C.P. sevrer laterals, and a:;.purtenant work, as indicated on t,p.e plans, Job No. 1066. ,.--.. in accordance with the Qesigns, plans, profiles and specifications prepared by Geor'e E. Hol oke, Cit En ineer and the notice inviting sea e proposa s, w ch said notice spec _ fied that sealed proposals as specified in said notice would be received up until 7:00 o'clock P.M. ~f the lOth day of July , 19 5~ ' and which said notice did state and de- clare that, pursuant 0 the provisions of Section 1770 of the Labor COde, the City Council of the City of Anaheim had ascertain- ed 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 on the o'clock hearing to that terials eluding WHEREAS, at a regular meeting of the City Council he Ii lOth day of July , 19 56 , at the hour of 7:00 P.M. ~f said date, said City Council did hold a public for the purpose of opening sealed proposals received up time, for furnishing of all plant, labor, services, ma- and equipment, and all utilities and transportation, in- power, fuel and water, and performing all work necessary ~__"_~_'W~"'___" __________ __ __ __..__ ., ------..,; to construct and. complete, in a good and T;forkmanlike manner, in st,rict accordance with th'3 specifications, plans and draT:lings . . ..'c:.for on file in tLC')-"fice of the Ci t} Clerl~ of the City of .- i,(,"]lreim, of the public ,Tc)rOVement hereinaLJove more particularly ~escr~bed and set fortL dnd "HEREAS, th.o C=:~y Cou,:cil did thereupon refer said bids to the __City Engine_eR_ _ _____.~~_ __ ____ for exam:.nation, tabulatjot; ,1'ld rel)('Y'r; .:~o tne City Council, and said City Engineer... did thereupon exami.ne an'd taoulaTe--saTcf "seare-cCpr-uposalRand report the result of his tabulation to the City Council; and liHEREAS, the City Council did meet in regular session on the _~.oth_day of. JUl;[ _,_.193'0, at the nour of 7:00 olclnck P,h. to consider the sealed proposals submitted for-rllrnishing materials and performing the work hereinabove more particularly described and set forth, and the___Ci~_~_n~_~~~~r______ of the City of Anaheim did lheriiupon- make lJ.-fs" -report andsubmi t 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 - QQ., Il~Q. 1f;Qa4 Wes1i.minste_l~:e.lvd. I S@l1il Ana. CalUornI"a. - for the cons ruction, installation and completion of said ~l}olia_Avenue _Sewer IrnQro~~h Job No_._'!Q~_~_.______ 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. CONTRACTING CO., INC. for furnishing all plant, labor, s81'vices;'mateMals-arur 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 vTorkmanlike 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. 2. S. CONTRACTING CO., INC. , which said contract was dUly madeand-entered int-6--0-n-the 16tn day of Jul:y , 19~; and --- WHEREAS, the said J. P. S. CONTRACTING CO., INC. has furnished all plant, labor, services, mater-LarS and equip- ment 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 and 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 ~ ll;L tQ1.;\;'Qk(;ll Qity Enp;ineer..____.' and the contract made a-no' en ered into 1.r1 th it oy the City of Anaheim; and ~ !,vHEREAS, the _ 01 tl. ini1:o.ee!, ~_ __,~~ . ],las duly certified to the 0onstruction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into Hith said J. P. s. -QQ1:I'I'~l'l.~..~L~ INC~__~; and ------~ ~HEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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. -2- NO\f, THEREFOHL: Bi:; IT ::U:80LVED by the City Council of the City of Anaheim that all plant, labor, services, materials a~.(1 equipm8nt and all utj1ities and trans~Jortation, and the per- - +'Jrmancc of all work noc.essary to construct, install and completo Ln a good and vlOrkmanl~~ke mannGl~, in strict accordance ~ri th the specifications, plans and dra~rings therefor on file in the office of the City Clerk of tho City of Anaheim together with the ap- purtenances thereto of said public improvement hereinabove more particularly describcll [,J:,d set forth, in the City of Anaheim, by said contractor, be, and tho same is 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 said 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 conpletion, excepting only such sum or sums as may lawfUlly be withheld in accordance with the pro- visions 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 City of Anaheim, its officers, agents and employees from all claims and liabilities due tho contractor for anything done or furnished or withheld or for anything relating to the work or any act or neg- lect of tho City, its officers, agents and employecs, excepting only claims against tho City for any amounts withheld by the City at tho time of such payment. AND BE IT FURTHER RESOLVED that the Mayor end the City Clork of the City of Anaheim be, and they aro hereby, authorized to execute and file a noticc of completion of said work as re- quired by law. TH~ FOREGOING RESOLUTION was signed and approved by mc 6th day of ~eJ;21;;~ra'b.~ ' 1956 this ATTEST: ?~ ~~~ ./CIYO AA~ J I ~ / -~, ') <,-., . ///' ~a->,-",,-~ . I ~ERK OF ~ CITY at ANAHEHl - -3- .......... IIA1S err ~ ) ~d or __ ) ... em or ,...xw ) I; .. .. vn.u-_, e1t7 Clark of tM 011'.7 ., ".~lIlt 40 "'1 -., MI"tU7 t!lat tbI r..,.l'lC ....l1aUoa we ....... Ud eiSlpl*' at a "Jlllnl,' Nplar ..t1n& of tlile 01\7 0aa0U M1d - tIIIa 6Ul ., of ....r"-.., 1"', tIT t.he tt11.llg "'"- of tU . .. tlllN'Mt. Alii, ~n..,........, 0.... and..WU1teJ' ... ~u..a,... jJ l.. OOUJCII.8I, 'fr7 Ulllehatte AS 1 ~ wafln tbat tbe __ of tbI OitT of ~~~1a a1pecl ancl ap;dl,)~~ laid IlIIlbation .. the 6th ..,. of .......'rl.. 195'. IJi "I'l'JIIM T~"'. I ..... ......... -' lit' hud ad Jlt'1alIcl t.bt M&l of the Cit" of .I~. tlWI 6th .,. ot ..pt.a..... 195'. ~ (UAL) " .