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57R-4291 - RESOLUTION NO. 4291 _r- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PUNTJ LABORJ SEP_ VICESJ MATERIALS AND EQUIPllENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND '1ATERJ AND PERFORJlING ALL WORK NlECESSARY ro CONSTRUCT AND COMPLE'l'B THE FOLLOII... N.G PUlllJ:... C IllPIW.. VI!IIJ!N'l.... '. . ~.I... L. ~. 1f6~~_I- ~i WHlREASJ the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general circulation, printedJ published and circulated in the City of Anaheim, to witt The Anaheim BulletinJ on the 8th!:t l'ith ~jJ of Ootober . ,1957 J a notice inviting seal pro- P;;;&!. tor furnishing the following. All plant, labor, services, materials and equip.ont, and all utilities and transportation, including power, fuel and water, and performing all work necessary to oonstruct and complete, in a good and workmanlike manner, in strict aocordance with the plans and specifications on file in the offioe of the C1ty Clerk or C1ty Eng1neer of the C1ty of Anaheim the following pUb110 improve.ent, to w1t: The Lincoln-Euol1d Sewer Extens10n 1n Linooln Avenue, trom an ex1.t1ng manhole 15 feet easterly to Euolid Avenue, thence northerly 550 feet in Euolid Avenue, cons1sting of the oonstruotion of V.C.P. sewer lateral extens10n 1n L1nooln AYenue, from an ex1st1ng manhole 75 feet easterly to Euo11d Avenue, thence northerly 550 feet 1n Eucl1d Avenue, 1n- eluding trenching, manhole oonstruction, backfill, resur- facing and appurtenant work, as indioated on the plans, Job No. 1110, ___r-- in accordance with the designs, plans, profiles and specifications prepared by Geor,.. E. Holyoke. 01 ty Erlp;1n.er and the notice inviting sealed prbPO"ls, which said notice specified that sealed proposals as speCified in said notice would be received up until ~; 00 0' clock P. M. of the 22~ day of October , 19.,.21.., and wh ch said notice did state and eclare that, pursuant to the provis10ns of Section 1770 of the Labor CodeJ 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 22nd. day of October , 19 F ,at the hour of ?:~O 0' clock P. M. of said date, said City Council ~d hold a public hearing Of 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 po1!'er, 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- fipations, plans and drawings therefor on file in the office of the City Clerk &1 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 ~ fti1n..r for examination, t&onlation and report to the City Co~ an sa Ii tv ~~..r did thereupon examine and tabulate said sealed pro- posals an repor e result of his tabulation to the City Council; and WHEREAS, the City Council did meet in __ regular session on the 22ad day of Ootober, 1957 , at the hour of?: 00 0' clock P. Il. to consider the sealed proposals submitted:fOr furnishing mater1aIB and performing the work hereinabove more particularly described and set forth, and the O~ t~E~~neer 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 ~DWI. L. B.AFTa.1fV. 20'59 Ne1fDort Avenue. Costa Xesa, Oalifornia for the construction, installation and co~ pletion of said LIIOOLN-EUOLID SEWER EX1'ENSIOll. JOB NO. 1110 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 EDWI,tl L. BARKLEY 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 sa-Ld 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 _____ contract was duly made and entered into on the 2 h day of , 19.....52-; and lfHEREAS, the said ~WIN L. BARKLEY 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 Gr- E. Iiolvok,. r~ t~ EnD'ln.er , and the contract made and enterea-- i 0 1B.th W. by e ity of .Anaheim; and WHEREAS, the C1ty ERQ:1neer has duly certified to the construction and completion of said public improvement 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 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. '-.""".,.~ NOW, THEREFORE, BE IT ~ESOLVED 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 Anaheim, 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 k'M thirty-five (35) days from and after final acceptance of said work as evidenced b.v the adoption of this resolution, but not sooner than thirty (30) d~s after the date of the filing of notice of complption, excepting only such sum or sums as ms;y 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 anything 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. day of THE FOREGOING RESOLUTION is signed and approved by me this 11th DeeeJaber , 19 57 . - ~~;~~~M A'l'TEST. 1 ~'--, "- (.,.-~' - . . .. ?-' /; k. /A/ ~J ~ . ~ CLERK OF THE CITY OffiAHEIll STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CIn OF ANAHEIM ) ss. I, Anaheim, do hereby at lIB at 10urned of :a.__bar DEllE K. WILLIAMS , City Clerk of the City of certify that the foregoing Resolution was passed and adopted regular meeting of the City Council held on the 17thh d~ , 19--21-, by the following vote of the members t ereof. AYES. NOES: COUNCILMEN Pearson, Coons, Fry, Schutte and Wisser COUNCILMEN None ABSENT. COUNCILMEN. None AND I FURTHER CERTIFY that the Mayor of the Oi ty of Anaheim signed and approved. said Resolution on the 17th day of Deo..ber, 19.2Z.-. IN WITNESS WHEREOF, I have hereunto set my hand and.. affixed the seal of the City of Anaheim this 17th day of December , 19....22.-. --- ~::l: OF~NAl1El. (SUL) -3-