58R-4747
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RESOLUTION NO. 4747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AiAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURlfISHING OF .ALL PLAHIf, ~OR, SERVICES, XA-
TERIALS AID EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
TIlE LINCOLN AVENUE SE1IlER J~VF..MF.NT, ON THE NORTJ.{
SIDE OF LINCOLN AVEWE, FROM MAGNOLIA AVF..liIJE TO
DALE STRF-FT, JOB NO_ 1126_
WHEREAS, the City Council of the City of Anaheim aid
oause to be published in a newspaper of general circulation,
printed, published and ciroulated in the Oity of Anaheim, to wit:
'he Anaheim Bulletin, on the ~Oth of Ap"i 1 and the 7th At' Mal' ,
19~, a notice inviting sealed proposals for furnishing the
tollowing:
All plant, labor, services, materials and equip-
ment, and all utilities and transportation, in-
cluding 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 or City
Engineer of the City of Anaheim, the following pUblic
improvement, to wit: The Lincoln Avenue Sewer Im-
provement, consisting of the construction of a V.C.p.
sewer lateral on the north side of Lincoln Avenue,
from Magnolia Avenue to Dale Street, including
manhole construction, house connections, replacing
existing pavement, and appurtenant work as indicated
on the plans, Job No. 1126,
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in aocordanoe with the designs, plans, profiles and speoit'1o~
tions prepared by Georae E, HDlyok., City Engine."
and the aotioe inviting sealed proposals, whioh said notice spec1-
tied that sealed proposals as specified in said notioe would be
received up until 2:0A o'clock P.M. ot' the l&;'th day 01'
Mav ,19, and whioh said notice did state and
declare that, pursuant to the provisions of Section 1770 01' the
Labor COde, the City Council of the Oity of Anaheim had asoertained
the prevailing rate 01' wages tor each type of labor needed to exe-
oute said oontract and did set forth the prevailing hourly wage
80ale so asoertained; and
WHEREAS, on Mav Ii:) , 19...5.a-, at the hour ot'
2:00 o'olock P.M., the Oity Clerk and City Engineer 01' the
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City of Anaheim did open said sealed proposals received up to that
time for the furnishing of all piant, labor, services, materials
and equipment, and all utilities and transportation, including
power, fuel and water, and performing all work necessary to con-
struct and complete, in a good and workmanlike manner, in striot
accordance with the speoifications, plans and drawings therefor
on file in the Offioe of the City Clerk of the City of Anaheim,
the public improvement hereinabove more partioularly described and
set forth, in public. in the City Counoil Chamber in the City Hall,
Anaheim, California, and the City Engineer did tabulate the result
of said sealed proposals and did make a report to the City Council
at its next ad 'ourned regular meeting; and
WHEREAS, the City Council of the City of Anaheim did. at
its next. ad Journllld r~ular meeting, held on the 20th day
of May .19, at the hour of 7:00 o'clook P.K.,
consider the sealed proposals submitted for furnishing the materi-
als and performing the work hereinabove more particularly described
and set forth. and did thereupon find and determine that the sealed
proposal submitted by EDWIN L. BARKLEY. 2059 Newport Avenue.
Costa Mesa. California
for the oonstruotion, installation and completion of said LINCOLN
AVENUE SEWER IMPROVEMENT. JOB NO. 1l2~
hereinabove mentioned and desoribed, was the lowest responsible
proposal submitted therefor, and thereupon aocepted said bid and
did award a contraot to said EDWIN L. BARKLEY
,
for furnishing all plaht, labor, servioes, materials and equipment
and all utilities and transportation, including power, fuel and
water. and performing all work neoessary to oonstruct and complete,
in a good and workmanlike manner, in striot aooordance with the
specifications, plans, and drawings. the said pUblic improvement as
,pecified in said notice inviting sealed proposals. and did author-
ize the Mayor and the City Clerk of the City of Anaheim to execute
a contraot for and on behalf of the City of Anaheim with EDWIN L.
BARKLEY. 20~9 Newoort Avenuer Costa MeSA, CAlf~n~nf.
which said contraot was duly made and entered into on the 23rd
day of Mav , 19...5.L; and
,
WHEREAS, the said
EDWIN L. BARKLEY
has furnished all
plant, labor, servioes, materials and equipment and all utilities
and transportation. and performed all work neoessary for the oon-
struotion and oompletion, in a good and workmanlike manner. in
striot aooordance with the specifioations, plans, drawings, of said
publio improvement as speoified in the notioe inviting sealed pro-
posals and in the detail. design. plans, prOfiles, drawings and
.pecifications prepared by George E. Holvoke. Citv Enaineer
, and the oontraot made and entered
into with him by the Oi ty of Anaheim; and
WHEREAS. the City Enaineer bas dull
certified to the oonstruotion and completion of said public improve-
ment hereinabove mentioned and described, in accordanoe with the
plans and specifications and the contract documents duly made and
entered into with said EDWIN La BARKLEY
; and
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WHEREAS, the Oity Oouncil finds that said contraotor has
completed said pUblic improvement hereinabove more particularly de-
Bcribed 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.
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lOW>> 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 performanoe
of all work neoessary to oonstruot>> install and oomplete, in a good
and workaanlike manner>> in striot aooordanoe with the speoifioa-
tions>> plans and drawings therefor on file in the Office of the' City
Olerk of the City of AnaheimD together with the appurtenanoes
thereto>> said publio improvement hereinabove mOre particularly de-
scribed and set forthD in the City of Anaheim, by said contraotor,
be, and the same are hereby acoepted>> subjeot>> nevertheless, to all
the terms>> conditions and prOVisions of the oontraot doouments, and
that the balanoe due said contraotor for said work be paid to him
thirty-five (35) days from and after final aooeptance of said work
as evidenoed by the adoption of this resolution, but not sooner than
thirty ()o) days after the date of the filing of notice of oom-
pletion, exoepting only suoh sum or sums as may lawfully be withheld
in aooordance with the provisions of said oontraot and contract
documents. That acoeptance by the contractor of said payments made
in acoordanoe with said final estimate shall operate and shall be a
release to the City of AnaheimD its officers a agents and employees
from all claims and liabilities due the oontractor for anything
done or furnished or withheld or for anything relating to the work
or any aot or neglect of the City>> its offioers, agents and em-
ployees>> exoepting only claims against the City for any 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 Cl ty of Anaheim be a and they are hereby authorized to
execute and fl1e a notioe of completion of said work as required
by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 10th day of Sephmher a 19....5lLo
~T:
~J(-~k~
CLERK OF THE CrTY OF ANABEIX
STAfE OF CALIFORNIA )
couln OF OIUJIGE ) SSe
CIn OF AMAHEIM )
19 DEllE M. WIll lAMS , City Clerk or the Oity ot
ARabeimD do hereby oertify that the foregOing resolution w.. intro-
duoed and adopted at a regular meeting provided by law
of the City Counoil of the City of Anaheim>> held on the IO~h day
of SeDtember >> 19~>> by the following vote:
AYES: COUJiCILllEN: Pearson, Borden, Fry, Schutte and Coons
(!Lc::2/?~
KAYOR OF THE CITY OF AJWU:IX
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10ES:
COUICILMElh None
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.ASSERT: COUICILllEN: None
AND I FURTHER CERUFY that the Mayor
Anaheim approved and signed said resolution on
SeDtember >>19-5.a..o
II WITNESS WHEREOF>>
the official seal of the City
SeDtember >>19~o
of the City of
the 10th day of
(SJW,)
I have hereunto set my hand and affixed
of Anaheim this 10th day of
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~F THE OIlfY F Ami
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