57R-3758
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RESOLUTION NO.
3758
A RESOLUTION OF TP.E CITY COUNCIL 01" THE CITY
or ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND IQUIPMEm' AND ALL UTILITIES
AND TRANSPORTATION INCLUDING POWER, FUEL AND
WATER, AND PERFORMING ALL WORK NECESSARY TO
CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE LINCOLN AVE-tJUE SEWER. ON :t:l\E
~OT,J;H SIDE OF LINCOLN .AVENUE. noM K.l.GNPLIA
AVDmE '1'0 DAT.~ AVENUJ:. JOB NI!). 1084
WHEREAS, the City Oounoil of the City of Anaheim did oaule to
be published 1n a newspaper of general o!"oulation, printed, pUblishe":" and
ciroulated in the Oity of L~aheim, to wit: The Anaheim Bulletin, on the
14th and 20th dan of Decellber , 19 ~6 ,a notioe inviting
sealed p%'oposals for furnishing the following:
All plant, labor, services, materials and equipment,
and all utilities and transportation, inoluding power,
fuel and water, and performing all work neoessary to
oonstruot and oomplete in a good and workmanlike manner,
in striot aooordanee with the speoifioations, plans and
drawings therefor on file in the offioe of the City Clerk
of the City of Anaheim, the following public improvement,
to wit: The Linooln Avenue Sewer, on the south side of
Lincoln Avenue from Magnolia Avenue to Dale Avenue,
consisting of the construction of l2-inoh and 8-inch
extra strength V.C.P. sewer laterals, construetion of
eight standard 4-foot brick manholes, one standard trap
manhole, two standard drop manholes, 12" x 4' extra
strength wyes, jacking, resurfaoing. and appurtenant
work as indioated on the plans, Job No.1084,
1n acoordanoe with the dealgna, plans, profiles and spec1f1oations pre-
pared by Gforar8 E. joln.i.l... City i:niipur and the notice inviting
sealed proposals, whioh said notioe speoified that sealed proposals as
specified in said notice would be reoeived up until 7:00 o'olook P.M.
of the 2,th (iay ot Dec..ber , 19 s' ,and whioh said notice
did state and deolare that, pursuant to the provisions of Seotion 1170 of
the Labor Oode, the Oity Oouncil of the Oity of Anaheim had asoertained
the prevailing rate of wages for eaoh type of labor needed to execute
said oontract and did set forth the prevailing hourly wage scale so aSoer-
tained; and
WHEREAS, at a regular meeting of the Oity Oouncil held on the
26th day of Decem lBr , 19 s' ,at the hour of 7:~
o'clock P.K. of said date. said Oity Oouncil did hold a publio hearing
for the purpose of opening sealed proposals reoeived up to that time, tor
furnishing ot all plant, labor, servioes, materials,and equipment, and all
utilities and transportation, inoluding power, fuel and water, and per-
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forming all work neoessary to oonstruot and oomplete, in a good and
workmanlike manner, in atriot aooordanoe with the speoifioations,
plans and drawings therefor on file in the offioe of the Oity Olerk
.~ of the Oity of Anaheim. of the publio improvement hereinabove more
partioularly desoribed and set forth; and
WHEREAS. the Oity Council did thereupon refer said bids to
the City Ea2ineer for examination
tabulation and report to the City Oounoil, and said Oity Engineer
did thereupon examine and tabulate said sealed
proposals and report the result of his tabulation to the 01ty Oounoil}
and
WHEREAS, the Oity Oounoil did meat 1n regular
lession on the 26th dar of ~eeember . 19 '6 . at the hour
ot 1:00 o'olook P.M. to oonsider th~ sealed proposals submitted
for turnishing materials and pertorming the work hereinabove more
partioularly desoribed and set torth. and the City Engineer
ot the 01 ty of Anaheim did thereupon make his
report and submit his tabulation ot said sealed proposals. and the
Oity Counoil did thereupon find and determine that the sealed proposal
lubmitted by ELMER E. BARNETT
tor the oonstruotion, installation and oompletion of said
LI~aOLN A VENUE SEWER Il4PROVEMENT. JOB. Nq. 1084
herelaahoTe mentioned and desoribed was the lowest responsible pro-
posal submitted theretor. and thereupon aooepted said bid and did
award a contraot to said ET,MF.R E. ~A~~T~
for turnishing all plant. labor, servioes. materials and equipment
and all utilities and transportation. inoluding power. fuel and water.
and performing all work neoessary to oonstruot and complete, in & gced
and workmanlike manner. in striot aooordanoe with the speoitications,
plans, and drawings, the said publio improvement as speoified 1n said
notice inviting sealed proposals. and did authorize the Mayor and the
01ty Olerk of the City 01' Anaheim to exeoute a oontract for and on
behalf 01' the City of Anaheim with ELMER E. BARNETT
, whioh said oontract was duly
day of Deoember
made.and entered into on the 28th
19...1'-; and
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WHEREAS, the said ELMER E. BARNETT
has turnished all plant. labor, servioes. materials and equipment and
all utilities and transportation. and performed all work necessary
for the oonstruotion and oompletion. in a good and workmanlike manner.
in striot acoordanoe with the speoifioations, plans. drawings, 01' said
public improvement as speoified in the notioe inviting sealed proposalS
and in the detail. design. plans. prOfiles. drawings and speoitioations
prepared by GeorR:e E. H01YO~ City Engineer . and the contraot
$ads and entered into with . ' by the 01ty ot Anaheim; and
WHEREAS. the City Engineer
~s duly oertified to the oonstruotion and oompletion 01' said pUblio
~mproTement hereinabove mentioned and desoribed in aooordanoe with
lhe plans and speoifioations and the oontraot doouments duly made and
entered into with said Elmer E. Barnett J and
WHEREAS, the City Oounoil finds that said oontraotor has oom-
~leted said pUblio improvement hereinabove more particularly desoribed
r-- 1n aooordanoe with the prOVisions of the oontraot and the oontract
doouments. and that notioe of completion should be filed and payment
of the balanoe due said oontractor authorized in aocordanoe with the
oontract doouments.
HOW, THEREFORE. BE IT RESOLVED by the 01t1 Oouncil of the Oity
qt Anaheim that all plant. labor, servioes, materials and equipment
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and all utilities and transportation, and the performanoe of all
work neoessary to oonstruot, install and oomplete, in a good and
workmanlike manner, in striot aooordanoe with the speoifications,
plans and drawings therefor on file in theoffioe of the City
Clerk of the City of Anaheim, together with the appurtenanoes
thereto of said pUblic improvement hereinabove more partioularly
desoribed and set forth, in the City of Anaheim, by said oon-
tractor, be, and the same is hereby, aooepted, subjeot, neverthe-
less, to all the terms, oonditions an~ provisions of 'the oontraot
doouments, and that the balanoe due said oontraotor for said work
be paid to__~ 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 (30) days after the date
of the filing of notioe of oompletion, exoepting only suoh sum
or sums as may lawfully be withheld in aooordanoe with the pro-
visions of said oontraot and contraot documents. That acoeptanoe
by the oontraotor of said payments made in aooordanoe with said
final estimate shall operate and shall be a release to the Oity of
Anaheim, its officers, agents and employees from all olaims and
liabilities due the contractor for anything done or furnished or
withheld or for anything relating to the work or any aot or neg-
lect of the City, its officers, agents and employees, excepting
only olaims against the Oity for any amounts withheld by the City
at the time of such payment.
AND BE IT FURTHER RESOLVED that the Mayor and the Oity
Clerk 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 was signed and approved by me
this 26th day of Karoh 19 57 .
(.I~A
MAYOR OF THE CITY ~
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ATTEST:
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U-,_ ~ ~J;~d~~
CI'l'Y CLIRJ( OF HI: cr. or ANAHEIM
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STATE OF CALIroRNIA
eOtJ1llT! OF OlWlGE
em OF AlAHED1:
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I, DID M. WILLIl!Ii, City Clerk of the City of Anaheiln, do
hereby certify that the foregoing Resolution was duly pa5S~ and adopted
at a regular meeting of the City Council of the City of Anaheiln, held on
the 26th day of March, 1957, by the following vote of the members thereof:
AYllB: COUNCILMEN: Pearson, Fry and Wisser
NOE: COUJICIlMEN: None
AllIBN'r: COUNCILMEN: Coons and Schutte
AND I FUKfHU cmm that the Mayor of the City of Anaheiln
appro.ed and signed said Resolution on the 26th day of March, 1957.
IN W:r.rmss WHEIIOF, I have hereunto set m,y hand and affixed the
seal of the City of Anaheiln this 26th day of March, 1957.
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C CLERr:: OF THE CITY' OF !M
(SIAL)
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