58R-4704
-
~...
RESOLUTI ON NO. 4704
A RESOLU~ION OF ~HE CI~Y COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND ~HE
FURJlISHIIG OF ALL PLAN~, LABOR, SERVICES, IlA-
~ERIALS AND EQUIPHEN~ AND ALL U~ILI~IES AND ~RANf>.
POR~A~IOI INCLUDING POWER, FUEL AND WA~ER, AND
PERFORMING ALL WORK NECESSARY ~O CONS~RUC~ AND
COMPLE~E ~HE FOLLOWING PUBLIC IMPROVEMEN~, ~O WI~:
THE JllDUNTAIN VIEW AVENlTF' SElaJER TfvlPROVF'MEN1' J F'ROM
KATELLA AVENUE TO 6C:;0 FEET SOlfTH OF KATF'r r A A\/FNTTF',
JOB NO. 11"10.
WHEREAS, the Oity Oouncil of the Oity of Anaheim did
cause to be published in a newspaper of general circulation,
printed, published and circulated in the Oity of Anaheim, to wit:
'I'he Anaheim Bulletin, on the 7th ::Inn 1 'I t h da,}'!'I of MIIl~ '
19~, a notice inviting sealed proposals for furnising the
following:
All plant, labor, services, materials and 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 workmanlike manner, in strict accord-
ance 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 Mountain
View Avenue Sewer Improvement, from Kate11a Avenue
to 650 feet south of 1<ate11a Avenue, consisting of
the construction of an 8-inch V.C.p. sewer lateral
in Mountain View Avenue, from Katella Avenue to
650 feet south of Kate11a Avenue, including house
connections, manhole construction, resurfacing
and appurtenant work, as indicated on the plans,
Job No. 1130,
"~
in aocordanoe with the designs, plans, profiles and specific~
tions prepared by George E. Holyoke, City Engineer
and the notice inviting sealed proposals, which sa1d notice speoi-
fied that sealed proposals as speCified in said notice would be
received up until 2:00 o'clock P.M. of the 22nd day of
May , 19...2.L, and which said notioe did state and
deolare that, pursuant to the provisions of Section 1770 of the
Labor Code, the Oity Council of the City of Anaheim had asoertained
the prevailing rate of wages for each type of labor needed to exe-
oute said oontraot and did set forth the prevailing hourly wage
scale sO asoerta1ned; and
WHEREAS, on Mav 22 , 19~, at the hour of
2:00 o'olock P.M., the Oity Clerk and City Engineer of the
-1-
-
--
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, and performing all work necessary to con-
struct 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 particularly 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 to the City Council
at its next regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next regular meeting, held on the 27th day
of ~ , 19~, at the hour of 7:00 o'clock 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. RAR~.WT, 205Q N.~ort Avenue, Costa
Masa, California,
for the construction, installation and completion of said Mountain
View Avenue Sewer ~rove..nt. Job No. 1130.
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said EDWIN L. B~R~~Y
for furnishing all plaht, 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, the said public improvement as
speoified in said notice inviting sealed proposals, and did author-
ize 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 Edwin L.
Barkley.
which said contract was duly made and entered into on the 4th
day of June , 19..2i..-; and
.
WHEREAS, the said
EDWIN L. BA.RKLEY
has furnished all
plant, labor, services, materials and equipment and all utilities
and transportation, and performed all work necessary for the con-
struction and completion, 1n a good and workmanlike manner, in
strict accordance with the specifications, plans, drawings, of said
pUblic improvement as specified in the notice inviting sealed pro-
posals and in the detail, design, plans, prOfiles, drawings and
speoifioations prepared by Geer~. E. Holvoke, City EnJin..r.
, and the contract made and entered
into with him by the City of Anaheim; and
WHEREAS, the said City- En.v:ineer has dull
certified to the construction and completion of said pUblic improve-
ment hereinabove mentioned and described, in accordance with the
plans and specifications and the contract documents duly made and
entered into with said EDWIN L. BARKLEY
; and
",..-
WHEREAS, the City Oouncil finds that said contractor has
completed said pUblic improvement hereinabove more particularly de-
scribed 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 aocord-
ance with the contract documents.
-2-
-
,-..
NOW v THEREFORED BE IT RESOLVED by the Oity Oounoil of the
Oity of Anaheim that all plant>> laborp servioes, materials and
equipment and all utilities and transportationp and the performanoe
of all work neoessary to construot. install and complete, in a good
and workmanlike mannerp in strict aocordance with the speoifio&-
tionsp plans and drawings therefor on file in the Offioe of the Oity
Olerk of the City of Anaheimp together with the appurtenanoes
thereto, said pUblic improvement hereinabove more partioularly de-
soribed and set forthp in the City of Anaheim, by said contractor,
be, and the same are hereby acoeptedp subject. nevertheless, to all
the terms. conditions and provisions of the oontraot doouments, and
that the balance due said oontraotor for said work be paid to hi.
thirty-five (35) days from and after final aoceptanoe of said work
as evidenoed by the adoption of this resolution, but not sooner than
thirty (30) days after the date of the filing of notioe of com-
pletion. excepting only such sum or sums as may lawfully be withheld
in accordance with the provisions of said contract and contraot
doouments. That acoeptance by the contraotor of said payments made
in aocordance with said final estimate shall operate and shall be a
release to the City of Anaheimp its Officers. agents and employees
from all claims and liabilities due the contraotor for anything
done or furnished or withheld or for anything relating to the work
or any act or neglect of the Cityp its officers, agents and em-
ployees, excepting 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 Kayor and the City
Clerk of the City of Anaheim be. and they are hereby authorized to
execute and file a notioe of oompletion of said work as required
by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 12th day of .lwmst 9 19.5.1-.0
L~~c?
MAYOR OF THE CITY OF AI.A.~~
A'J.!-!;EBT:
~]:'OF%~rnOFA.AHEIK
Sf ATE OF OALIFORNIA )
OOUITY OF OlU.HGE ) ss.
CITY OF AlWiEIK )
Ip DIIE M. WILLIAMS >> Oity Olerk of the Oity of
Anaheim, do hereby oertify that the foregoing resolution Val intro-
duced and adopted at a regular meeting provided by 1.-
of the Oity Oounc11 of the Oity of Anaheim>> held on the . 12thdaJ
of .lwruat . 19....s.1-.p by the following vote:
AYES: COUNOILXEN: Pearson, Borden, Fry, Sclwtte and Coons
NOES:
COUHCILHEli: None
r-.
ABSENT: COUKCILXE!h None
.AND I FURTHER CERTIFY that the Kayor of the Oity of
Anaheim approved and signed said resolution on the 12th day of
bpat p 19..5.8.......
IN WITNESS WHEREOF 9 I have hereunto set my hand and affixed
the official seal of the Oity of Anaheim this 12th day of
AlIIlWIt p 19~o
(SEAL)
\ -, ~) ~, .
oIft~aLEaf~F ~..~ilitir)(
-)-