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57R-4109 - RESOLUTION NO. 4109 --"" ,...... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A!~EIM FINALLY ACCEPTING THE COMPLETION .AND THE FURNISHING OF ALL PLANT, LABOR, SEP... VICrs, 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 CENTER STREET SEWER IMPROVEMENT FROM fLACENTIA AVENUE TO EAST STRF.RT. JqB NQ. 1097. ~, the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general circulation, printed, published and circulated ill the City of Anaheim, to wit: The Anaheim Bulletin, on the 11th and 18th da:n "or April , 1~57 ,a notice inviting sealed pro- posais tor furnishing the follOwing. All plant, labor, services, materials and equipment, and all utilities and transporta- tion, including power, ruel and water, and perrorming all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the spacirications, plans and drawings thereror on rile in the orrice or the City Clerk or the City or Ana- heim, the rollowing public improvement, to wit: The Center Street Sewer Improvement, consisting of the construction or V.C.P. sewer laterals in Center Street rrom Placentia Avenue to East Street, including trenching, manhole construc- tion, 4-inch house connection laterals, backrill, reaurracing and appurtenant work as indicated on the plans, Job No. 1097. "..- ---- & in accordance with the designs, plans, profiles and specifications prepared by G.or~~ E. Holyoke C1 ty Enii DAAT' and the notice inviting sealed prOposals, which saiJ notice specified \hat sealed proposals as specified in said notice would be received up until,l:OO a' clock P. M. of the 23rd day of April, 19..5l.., and ich 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 pre- vailing hourly wage scale so ascertained; and WHEREAS, at a regular meeting of the City Council held on the 2~rddaY of ADri1 ,191:)7 ,atthehourof 7:00 o'clockP. .of said date, said City Council did hold a public hearing 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, in- cluding power, fuel and water, and performing all work necessary to construct and -1- - -~,~- complete, in a good and workmanlike manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the City Clerk e1 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 ~ ~iineer for examination, tabulation and report to the City COll . an said Oi ty "ineeI' did thereupon examine and tabulate said sealed pro- posals and repor he result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 21rd day of April , 19..21-, at the hour of7:00 o'clock P. Y. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the 0' tR; En~ineer of the City of Anaheim did thereupon make his repo an submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by RT~R Eo BARNETT, l1l~2 CentuI'lc Boulevard. Garden Grove. California. or the construction, installation and co~ p1etion of said CENTER STREET SEWER IMPROVEMENT. JOB NO. 1097 hereinabove mentioned and des- cribed was the lowest resoonsible proposal submitted therefor, and thereupon ac- cepted said bid and did award a contract to said ELMER E. BARNETT for furnishing 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, the sai.d 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 A.naheimwith LMER E. BARNETT which said contract was duly made and entered into on the 2 th day of April , 19..ll-; and WHEREAS, the said ElJfiER E. BARNETT has furnished all plant, labor, services, materials and equipment 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, 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 the 01 t:y Eng'l neeI' , and the contract made and enterea-" into with him by the City of Anaheim; and WHEREAS, the C1 i:y Enii ne eI' the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said ; and has duly certified to improvement hereinabove mentioned specifications and the contract ELMER E. BARNETT WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of co~ pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. _.r- NOW, 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 performance of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the spe- cifications, plans and drawings therefor on file in the office of the City Clerk of the City of A~1eim, together with the appurtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City' of Anaheim, by said contractor, be, and the same are hereby, accepted, subject, -2- - -..- nevertheless, to all the terms, conditions and provisions of the contract docu- ments, and that the balance due said contractor for said work be paid to him 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 compl,..tion, excepting only such sum or sums as may lawfully be withheld in accordance 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 City of Anaheim, its officers, agents and employees from all claims and lia- bilities due the contractor for anything done or furnished or withheld or for aqything relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only claims against the City for any amounts withheld by the City at the time of such 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 notice of completion of said work as required by law. d~ of THE FOREGOING RESOLUTION is signed and approved by me this 17th Setltember , 19 r57 . (. .! .' ~/ /....) /) ~ ...~.~:/.. ,........ / ~- . Y~:?~i-~-~ MAYOR O~ THE CITY OF ANAHEIM AT'l'ESTa l~ '-., ,___ ';-..-,. " /.~\.~ c&i ofjmiCIihf-~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. I, DEW M ~~~S , City Clerk of the City of Anaheim, do hereby certify a e foregoing Resolution was passed and' adopted at SID adjourned regular meeting of the City Council held on the ,~~ of - September, 19 157 ,by the following vote of the members thereof. AYES. COUNCILMEN: Pearson, Coons, Fry, Schutte and Wissej NOES I COUNCILMEN s None ABSENT. COUNCIIJ,!EN. None A}ID I FURTliER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 17thday of Septemb~r, 19...5l-- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Oi ty of Anaheim this 17th day of Septembel" , 19 157 - -..-. (-_.. /' ,./; . . ' ~~x"<- j(. ,;;y' ~).YV"_/ CITY C~ OF THE CITY OF ANAHEIM (SEAL) -3-