57R-3837
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RESOLUTION NO. ~fl37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INOLUDING POWER,
FUEL AND WATER, AND PERFORXING ALL WORK
NECESSARY TO CONSTRUCT AND OOMPLETE THE
FOLLOWING PUSLlO IMPROVEMENT l THE EAST WATER
STREET SEWER IMPROVEMENT, FROM ATOH1BO!'O l::lT.I;tJ!;ET
TO . m. TVF. RTil1r.F.T. .JOB NO. 1091
WHEREAS, the City Council of the Oity of Anaheim did cause to
be published in a newspaper of general circulation, printed, published
and ciroulated in the City of Anaheim, to wit: The Anaheim Bulletin,
on the 27th cia! of Fe~~ry and fe t>th dav o~ MJl."'~~ ' 19....s.:L,
a notioe invit ng sea e proposa s for furnis ing e 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 strict
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 East Water Street Sewer Improvement, consisting of the
construction of a la-inch V.C.P. sewer lateral in Water
Street, from Atchison Street to Olive Street, including
trenchi~~, manhole construction, backfill, resurfacing,
jacking a steel casing, and appurtenant work, as indicated
on the plans, Job No. 1091,
in aooordanoe with the designs, plans, profiles and specifications pre-
pareQ b1 Geo~fe E. ~Q~ ai~f F.n~1nA!r and the notioe inviting
sealed proposa s, wh 0 sa A not oe Ipeo led that sealed proposals as
specified in said notice would be received up until X:OO o'clock P. M.
of the 12th day of ~rch , 19~, an which said notioe
did state and declare t a , pursuant to the provisions of Section 1770 of
the Labor Oode, the City Oounoil of the Oity of Anaheim had asoertained
the prevailing rate of wages for each type of labor needed to exeoute
said oontract and did set forth the prevailing hourly wage soale so ascer-
tained; and
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WHEREAS, at a regular meeting of the Oity Oouncil held on the
12~ day of !.tirch , 19.51.......-.., at the hour of ~o' olock
P.~. of said da e, said Oity Oouncrr-aid hold a public ~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 construct and complete, in a good and
workmanlike manner, in strict accordance with the sp~cifications,
plans and drawings therefor on file in the office of the City Clerk
of the City of Anaheim, of the public improvement hereinabove more
~ particularly described and set forth; and
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WHEREAS, the City Council did thereupon refer said bids to
the City Eniineer tor examination,
tabulation and report to the City Council, and said-U1ty
E~gi~~ did thereupon examine and tabu~e said sealed
proposals and report the result of his tabulation to the City Council;
and
WHEREAS, the City Council did meet in regular
session on the 12th day of March. ,19 57 ,at the hour
of 7:00 olciock P.M. to consider the se,aled proposals submitted
for furnishing materials and performing the work hereinabove more
particularly described and set forth, and the City Engineer
of the City of Anaheim did tnereupon make his
report and submit his tabulation of said sealed proposals, and the
City Council did thereupon find and determine that the sealed proposal
submitted by E. E. BERNARD, 5868 Lime Avenue, Long Beach 5,
California
for the construction, installation and completion of said EAST WATER
STREET SEWER H1PROVE ME NT , JOB NO. 1091
hereinabove mentioned and described was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to aaid E. E. BERNftBD
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 speci-
fications, 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 E. E. BERNARD, 5868 Lime Avenue,
Long Beach l' California , which said contract was duly made
and entered nto on the 15th day of March , 19~; and
WHEREAS, the City Engineer
fied to the construction and completion of said public
inabove mentioned and described in accordance with the
tions and the contract documents duly made and entered
E. E. Bernard
has duly certi-
improvement here-
plans and specifica-
into with said
; and
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WHEREAS, the City Council finds that said contractor has com-
pleted said public improvement hereinabove more particularly 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Oity
of Anaheim that all plant, labor, services, materials and equipment
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and all utilities and transportation, and the performanoe of all
work neoessary to oonstruct, install and oomplete, in a good and
workmanlike manner, in striot aooordanoe with the speoifications,
plans and drawings therefor on tile in the office of the City
Clerk of the City of Anaheim, together with the appurtenances
thereto of said public improvement hereinabove more partiou1arly
desoribed and set forth, in the City of Anaheim, by said oon-
traotor, be, and the same a.re hereby, acoepied, subject, neverthe-
less, to a.ll the terms, conditions and provisions of the contraot
doouments, and that the balanoe due said oontractor for said work
be paid to him thirty-five (35) days from and after final
acoeptanoe of said work as evidenced by the adoption of this
resolution, but not sooner than thirty ('0) days after the date
of the filing of notioe of completion, excepting only such sum or
sums as may lawfully be withheld in acoordanoe with the provisions
of said contract and oontract documents. That acoeptanoe by the
oontractor of said payments made in acoordanoe with said final
estimate shall operate and shall be a release to the Oity of
Anaheim, its offioers, agents and employees from all olaims and
liabilities due the oontraotor for anything done or furnished or
withheld or for anything relating to the work or any act or neg-
lect of the City, its offioers, agents and employees, excepting
only claims against the Oity for any amounts withheld by the City
at the time of such payment.
AND BE IT FURTHER RESOLVED that the Kayor and the Oity
Olerk of the Oity of Anaheim be, and they are hereby authorized
to execute and file a notice of oompletion of said work as reqUired
by law.
THE FOREGOING RESOLUTION is signed and approved by me
this 21rd day of Anril , 19 57
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ATTZ8T:
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STATE OF CAUFO.RNIA )
COUNTY OF ORANGE ) 56.
CITY OF ANAHEIM )
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I, DENE M. WIWAMS, City Cleric of the City of Anaheim, do hereby
cert1fy that the foregoing resolution ...s passed and adopted at a regular
meet11lg of the City Council held on the 23:rd day of April, 1957, by the
following vote of the meaben t.hInqofl
AYES I
COUlCIlNENI Pearson, Coons, Ff'Y, Schutte and W15ser.
NOaS I
COUNCILMENI None.
ABSENT. COUNCILMlth None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim si9ned
and approved said resolution on the 23:rd day of April, 1957.
IN WITNESS WHEREOF, I have hereunto set my hJ.nd and affixed the
seal of the City of Anaheim this 23rd day of April, 1957.
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CITY C OF THE CITY OF ANAHEIM
( SEAL)
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