57R-4000
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RESOLUTION NO. 4000
A RESOLUTION OF THE CITY COUNCIL OF THE OITY
OF ANAHEIM FINALLY ACCEPTING TltE COMPLETION
AND THE FURNISHING OF ALL PLANt, LABOR, SER-
VIOES, MA'l'ERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INOLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK
NEOESSARY TO CONSTRUOT AND OOMPLETE THE
rOLJ.,OWING PU8LIO IMPROVIlMERT: 'lJm DA T.'R
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WHEREAS, the City Council of the Oity of Anaheim did cause to
be published in a newspaper of general circulation, printed, published
and cireulated in the City of Anaheim, to wit: The Anaheim Bulletin,
on the ' Ifth ffi4 18th ~71: of' ~i1 , 19.J..5.Z..,
a notice nTl ng 118ale .ropoe s for furnishing the following:
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 striot
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 Dale Avenue Sewer Improvement, consisting of the con-
struction of a V.C.P. sewer lateral in Dale Avenue from
Lincoln Avenue to Crescent Avenue, including trenChing,
manhole construction, backfill, jaCking, and appurten-
ant work as indicated on the plans, Job No. 1090,
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in acqord&noe with the deligns, plans, profiles and specifications pre-
pared b,. ~"o""lV" R Ur>~ (1-1 +: Ti!n~ and the notioe inviti~
sealed propOSaL', whicK sUa no~ce lIpec1 ita that sealed proposals as
specified in said notice would be reoeived up until ~o'clock P. M.
of the 23:rd day of ~ril , 19..5L, ano:wnICli laid notio.
did sta\e and declare tIii:t, pursuant to the provisions of Seotion 1770 of
the Labor Code, the City Oouncil of the Oity of Anaheim had asoertained
the preya11ing rate of waces for each type of labor needed to execute
said oontraot and did set :forth the prevailing hourly wage soale so ascer-
tained; and
WHEREAS, at a regular meeting of the Oity Council held on the
~day of --Anril , 19~, at the hour of ~o'clook
F:lf:'()f said Olale, said 01 ty CounOIrdid 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, including power, fuel and water, and per-
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forming all work necessary to construot and oomplete, in a good and
( workmanlike manner, in striot acoordance 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
partioularly 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 Engineer
did thereupon examine and tabulate sard sealed
proposals and report the result of his tabulation to the Oity Oouncil;
and
WHEREAS, the Oity Council did meet in regular
session on the 23rd day of ~ril , 19 -' ( ,a t the hour
of #:00 01'C:1Gck P.M. to consi er the sealed proposals submitted
forurnishing materials and performing the work hereinabove more
particularly described and set forth, and the ii~ Eniine~r
of the City of Anaheim di t ereupon make his
report and submit his tabulation of said sealed proposals, and the
Oity Council did. thereupon find and determine that the sealed proposal
subml tted by ELMER E. BARNETT. I 'U!)'2 C~ntury Boulevard~ Gafden Grove,
California
for the oonstruction, installation and oompletion of said Dale Avenue
Sewer Improvement. from Lincoln Avenue to Crescent Avenue, .Tob No& J090,
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hereinabove mentioned and described was the lowest responsible pro-
posal submitted therefor, and thereupon acoepted said bid and did
award a contract to said Elmer E. Ba.:ne..tt
for furnishing a 1 plant, labor, servioes, materials and
equipment and all utilities and transportation, including power, fuel
and water, and performing all work necessary to construot and complete,
in a good and workmanlike manner, in strict acoordance with the speci-
fications, plans, and drawings, the said public improvement as speoified
in said notice inviting sealed proposals, and did authorize the Mayor
and the City Clerk of the City of Anaheim to exeoute a oontraot for and
on behalf of the City of Anaheim with El~r E. Bar~ett
, whioh sail oontrac was duly made
and entered into on the 2kth day of Apr1J , 19~; and
WHEREAS, the said ~m~r ~ R~rn~tt
has furnis e all plant, labor, servioes, materials
and equipment and all utilities and transportation, and performed all
work necessary for the construction and oompletion, in a good and work-
ma.nlike manner, in strict accordance with the speoifioations, plans,
drawings, of said public improvement as speoified in the notioe inviting
sealed proposals and in the detail, design, plans, profiles, drawings
and specifications prepared by ~An~~A R Hnl~~A nj&y En~iD!~
' and the con rac made an entere into w him
by the Oi ty of Anaheim; and
WHEREAS, the City En~ineer
fied to the oonstruction and oompletion of said public
inabove mentioned and desoribed in accordance with the
tions and the contract documents duly made and entered
Elmer E. Barnett
has duly certi-
improvement here-
plans and speoiflca-
into with said
; and
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WHEREAS, the City Council finds that said oontractor has com-
pleted said public improvement hereinabove more partioularly desoribed
in accordance w1.th the provisions of the contract and the oontraot
documents, and that notice of completion should be filed and payment
of the balanoe due said contractor authorized in aocordanoe with the
contract doouments.
NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the Oity
of Anaheim that all plant, labor, services, materials and equipment
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and all utilities and transportation, and the performance of all
work necessary to construct, install and complete, in a good and
workaanlike 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, together with the appurtenances
thereto of said public improvement hereina~ove more particularly
described and set forth, in the City of An$heim, by said con-
tractor, be, and the same are hereby, accep'lled, subjeot, neverthe-
less, to all the terms, conditions and provisions of the contraot
doouments, 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 ()O) days after the date
of the filing of notice of completion, excepting only such sum or
sums as may lawfully be withheld in acoo.rdance with the provisions
of said contract and contract documents. That acceptanoe by the
contractor of said payments made in acoordance with said final
estimate shall operate and shall be a release to the Oity of
Anaheim, its officers, agents and employees from all cla~ms 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 Oity for 8.ny amounts withheld by the City
at the time of such payment.
AND BE IT FURTHER REBOLVED that the Mayor and the Oity
Olerk of the City of Anaheim be, and they are hereby authorized
to exeoute and file a notioe of completion of said work as required
by law~
THE FOREGOING RESOLUTION is signed and approved by ~e
this 16th day of Julv , 19 57
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ATTEST 1
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. rDRI'Or' fiiE ~tt"'o1 ~.-'
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STATE OF CAl... lFOlUIIA ~
CODTY en: OIWIGE SSe
CITY OF AlfAHEDl
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I, DEltE M. WIllIAMS, City Clerk of the City of Anaheia,
do here.Dy eertify that the foregoing Resdution was duly passed
and adopted at an adjourned regular lIl8eting oT the City Council
of the City of Anaheim this 16th day of July, 1957, by the
followiag vote of the meMbers thereofl
AYES I
COUlCILMElh Pearson, Coons, Fry, Schutte aftd Wisser
ROES I
COUJ<<;IIJIEN I None
ABSENr I COUJeIIJIEN I Mone
AIiD 1 FURTHEI CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 16th day of Iljy,
1957.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheia this 16th day of July, 1957.
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DEJIE M. WII.LI_, City Clerk of the
City of ananeiJI
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