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57R-4214 RESOLUTION NO. 4214 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PIANT, UBOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING PmrER, FUEL AND WA'ID, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT. 'II E.A.8! O~!~ ..K~ft ::; :":t.i.V::n. JOB .:! .1114. WHEREAS, the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit. The Anaheim Bulletin, on the '11& !:11211& .ay& at &.I)to"'or , 19 ~., , a notice inviting seal pro- posals for furnishing the follOwing. .A11 plut, labor, .erTleo., II&torl&1s aJ1d e.alp.ont, .... all utl11tlo. &ad traAsportatlon, lnoludlng power, t..l aat wat.r, ..d pertor.lag all .ork .o.ossar, to oo.struot an4 oo.pl.te, 1. a goOd and workaaallk. ...n.r, 1a strlct aooor4aa.e wlta the sp.oltloat10ns, plans and drawlnes theretor o. tl1. ln the Ottloe ot the Cltl Clerk or 01tl Eagln..r ot the 011;1 ot .Allallelll, the tollowlng pUD110 l-.roT..ent, to wlt: The East Street Sev.r I.proTe.eat, tro. Ter.oat Avenae to Ball .oad, oonslstlng ot the ooastructlon of a 11-1nch T.C.P. S8.er lateral 18 East Street tro. Ver.ont Avenue to Ball Ro...., lneludlng tro..a.. lag, l18.D.holo C)oR.traction, house laterals and 8-1noh .tubs froll the manhole. as shoyn on the plans, baokfill, tlood- ing and appurtenant York as lndloat ed on the plans, Job 10. 1104, .~~ in accordance with the designs, plans, profiles and specifications prepared by Goorg, E. Holyoke. City Englneer. and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until.JlOO 01 clock P. M. of the 17lA day of ----If>>...b.r , 19...1Z..., and ich said notice did state and eclare 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 an adJour.ed. WHEREAS, at I regular meeting of the City Council held on the 17t& day of Ie>>......r , 19 57 ,at the hour of 1: 00 01 clock P. M. 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 9f 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 01ty lai:1Jaeer for examination, taonlation and report to the City Coune:i.4 ~D.ea1" did 'thereupon examine and tabulate said sealed pro- posals and repor e result of his tabulation to the City Council; and WHEREAS, the City Council di4 meet in acl~ourD.e4 regular session on the 17th. day of S.Dt.aber, 19-.SL, at the our of 'Z.i..tQ..o' clock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the 01 ty 1:lIi;.raer of the City of Anaheim did thereupon make his repo and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by Barnett Bro8. OOR8tract1on 00.. 13152 Oentur~ Il.d., Gardea GrOTe, Oal.1tOl"D1a, for the construction, installation and co~ pletion of said kat Street Sever Iaprovelleat, froa Veraont Aveau.e to Ball I.oad. Jolt 10. 1104, hereinabove mentioned and des- cribed was the lowest rest>Onsible proposal submitted therefor, and thereupon ac- cepted said bid and did award a contract to said BarD.ett Bros. 00nstraot1.. Co. 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 wor~nanlike manner, in strict accordance with the specifications, plans, and draWings, the sa;~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 Anaheim with _ Bar..tt Br.s. CQR.tructio. CO. which said contract was duly made and entered into on the 2nd day of Ootoltv , 19..2:Z.-; and 1fHEREAS, the said BarRett Br08. Cons;trlil~t1oR 00. 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 b.y G,or~. J:. Holyoke. Clt~ Enl:P:1neer . , and the contract made and entere~ into 11' th 11: by the ity of Anaheim; and WH~S, the C1ty EBl:P:ln.er the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said Co. ; and has duly certified to improvement hereinabove mentioned specifications and the contract BarRett Bres. Ooa.truot1on 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 com- pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. ,,-... NOW, THEREFORE, BE IT 1i.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 it 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 complption, 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 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 10ve..eI' , 19 57 . 12th '(//~~&7 . 4m.~ OF THE CITY OF A~ ATTESTs .- L ~-1 - ')--- / //1. Jv.h?~_~~' CITY CLERK OF THE CITY OF ANAJmIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAlJEIM ) ss. I, 1>ElE K. WILLIAKS , City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the 12th day of - 'oveaher , 19..i?.-., by the following vote of the members thereofs AYESs COUNCILMEN Pearson, Coons, Fry, Schutte and Wisser NOES I COUNCILMEN None ABSENTs COUNCILMENs None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 12tll day of II o...lIII.b 11II I' , 19--S1..-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of loveaber, 19-51..- - j)~ ~. :v-~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) -3-