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56R-3556 !"" .-, ~, " RESOLUTION NO. 3~ A RESOLUTION OF THE CITY COUNOIL OF THE CITY or ANAHEIM FINALLY ACCEPTING ~HE COMPLETION AND THE FURNISHING OF ALL PLAl!rl', LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATJGR, AJ4D PERFORlUNG ALL WORK Ni:OESSAJ\Y TO OONSTRUOT AND COKPLi:TE THE FO~LOWING PUBLIC IJIPROVEM:ENT:~ l1ID\o4}.Y ~~ llXTENS~N. FROM ~S ANGfE~ -~ TO HA OR BOULEVA. JOB ~. 106_ WHEREAS, the City Councll of the City of Anaheim did oaule to be p~ll.hed in a newspaper of general oi~o~ation, printed, pUblished and oircul~_d in the Oity of Anaheim, to wit: The Anaheim Bulletin, OR the ~,.' ,aqd 16th day of' July , 19 r:;6 ,a notioe inTi ting se ' oposals for furni.hing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perf'orming all work necessary to construct and complete in a good and workmanlike man- ner, in strict accordance with the specif'ications, plans and drawings therefor on file in the Of'fice of the City Clerk of the City of Anaheim, the following public improvement, to wit: The Midway Sewer Exten- sion, f'rom Los Angeles Street to Harbor Boulevard, consisting of' the construction of' 15" extra strength V.C.P. mains, including trenching, backfill and f'looding; also 12" extra strength V.C.P. mains, in- cluding trenching, backfill and flooding; construc- tion of' standard 4' brick manholes, including exca- vation and castings; jacking a steel casing under the Santa Ana Freeway; replace existing pavement over sewer; construction of' 15" x 4" extra strength V.C.P. wyes, also 12" x 4" extra strength V.C.P. wyes, and appurtenant work as indicated on the plans, Job No. 1068. In acQardanoe with the designs, plans, prOfiles and speoifioations pre- partd lbJ'" G8a.I'!.~ E. Holyok~ Ci tI Rni1 nAAl'> and the notice inv! ting seale. JPoposa s, whioh sal~ not 08 speolf1e4 that sealed' proposals as spe.i_" in said notice would be reoeived up until 7:00 o' clock P. H. of th~'~lth day of Julv , 19 56 ,and whioh said notioe did s t. and deolare that, pursuant to the provisions of Seotion 1770 of the L4bor Oode, the City Counoil of the C1ty of Anaheim had asoertained the p~eT&illng rate of wages for eaoh type of labor needed to exeoute sait ~ontraot and did set forth the prevailing hourly wage soale so asoer- "~, tai'e~; and WHEREAS, at a regultr meetin~ of the City Oounoil held on the ~day of July , 19 6 ,at the hour of 7:00 o' ol-O~P. H. of sai4 date, said City Council did hold a publio hearing for t~. purpose of opening sealed proposals ~eoeived up to that time, tor fur.t~lag of all plant, labor, servioes, ma~eria1s,and equipment, and all utili~ies and transportatien, inoluding power, fuel and water, and per- -1- ,-. ~ --.r' to~ng all work necessary to construot and complete, in a good and yorlkmAnlike manner, in striot aooordanoe with the speoifioations, plans and drawings therefor on file in the offioe of the Oity Clerk Of the Oity of Anaheim, of the public improvement hereinabove more par.tloularly described and set forth; and WHEREAS, the City Oouncil did thereupon refer said bids to the , City Engineer for examination tabulation and report to the City Counoil, and said Citv En~ineer did thereupon examine and tabulate said sealed I pr.posals and report the result of his tabulation to the City Oounoil; and. WHEREAS, the City Oounoil did meet in regular ee"lon on the ?Jrt:h d~ of July , 19 S6 ,at the hour of; 7:00 o'olook P.K. to consider the sealed proposals submitted fo, furnishing materials and performing the work hereinabove more p~tioularly desoribed and set forth, and the City Eni1neer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the Oi11 Counoil did thereupon find and determine that the sealed proposal aulmltted b1 Elmer E. Barnett. l'ilc;2 Century Blvd., GRT'den Grove, Calii'. to~ the oonstruction, installation and oompletion of said . dwa Sewer Extension Job No. 1068 he .ina~ove mentioned and desoribed was the lowest responsible pro- po.al submitted therefor, and thereupon aooepted said bid and did aw~ a contract to said Elmer E. Barnett for furnishing all plant, labor, servioes, materials and equipment ant all utilities and transportation, including power, fuel and water, ant performing all work neoessary to construot and oomplete, in a good aof workmanlike manner, in strict acoordanoe with the speoifioations, plans, and drawings, the said public improvement as speoified in sald notioe inviting sealed proposals, and did authorize the Kayor and the City Clerk of the City of Anaheim to exeoute a oontraot for and on behalf of the City of Anaheim with Elmer E. RaT'nAtt , whioh said oontraot was du1y day of July male and entered into on the 2c;th 19~; and - ,..... WHEREAS, the said Elmer E. Barnett ~ furnished all plant, labor, servioes, materials and equipment and al~ utilities and transportation, and performed all work necessary for the oonstruotion and oompletion, in a good and workmanlike manner, in striot aocordance with the speoifioations, plans, drawings, of said publio improvement as speoified in the notioe inviting sealed proposals and in the detail, design, plans, profiles, drawings and speoifioations prepared by George E. Holyoke. Citv Engineer , and the oontraot made and entered into with him by the City of Anaheim; and WHEREAS, the Citv En~ineer _ duly certified to the oonstruotion and oompletion of said publio imFrovement hereinabove mentioned and desoribed in aocordanoe with the plans and speoifioations and the oontraot doouments duly made and .nIt.red into with sud Elmer E. Barnett ; and WHEREAS, the Oity Oouncil finds that said oontraotor has oom- p~.ted said pUblio improvement hereinabove more partioularly desoribed in aooordanoe with the provisions of the oontraot and the oontract d~waents, and that notice of oompletion should be filed and payment of the balanoe due said oontraotor authorized in aocordanoe with the oontraot doouments. NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant, labor, servioes, materials and equipment -2- _r- ,~. - - anl all utilities and transportation, and the performance of all wGrk neoessary to oonstruot, install and oomplete, in a good and workmanlike manner, in strict aooordanoe with the speoifioations, pl~ns and drawings therefor on file in the offioe of the City Cl,rk of the City of Anaheim, together with the appurtenanoes t~r.to of said pUblic improvement hereinabove more partioularly de.oribed and set forth, in the City of Anaheim, by said oon- tractor, be, and the same is hereby, aooepted, subJeot, neverthe- le.a, to all the terms, oonditions and provisions of the oontraot do~ument8, and that the balanoe due said oontraotor for said work be paid to him thirty-five (35) days from and after :t'1nal ao~eptanoe of said work as evidenoed by the adoption of this re.olution, but not sooner than thirty (30) days atter the date of the filing of notioe of oompletion, exoepting only suoh sum or sums as may lawfully be withheld in aooordance with the pro- vi_ions of said oontraot and contraot doouments. That aooeptanoe by the oontraotor of said payments made in acoordance with said final estimate shall operate and shall be a release to the City of An.helm, its officers, agents and employees from all claims and lifbilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any aot or neg- le,t of the City, its officers, agents and employees, excepting only olaims against the Oity for any amounts withheld by the Oity at the time of suoh payment. AND BE IT FURTHER RE80L VJ!:D that the Mayor and the City Cltrk of the City of Anaheim be, and they are hereby, authorized to execute and file a notioe of oompletion of said work as required by law. TBE FOREGOING RESOLUTION was signed and approved by me this c;th day of November , 19 ~6 . '~,'L--;3;;/ /J /:;J CL~~<z---~ MAYOR OF '1'Hl!: CITY OF ANA I' '" ~T~IM.': Jk~~~IM -,... --.. !.' 1'Irr.yOF CALIFORNIA ) OF OJt.AlQ! ) sSG OF ANAHEIM ) ~- I, DElE M. WILLIAMS, 61ty 61erk of the City of Analleill, do hereby ~rt1fy that the foregoing llesolution was adopted at an ajourned regular ...t1ng of the City Counci 1 of the Ci ty of Anaheia, held on the 5th day of ~veeer, 1956, by the following vote of the IIlsPera thereof I A YESI CDUNCILMEJII Pearson, Coons, Fry ,Schutte and Wi sser NOESI CDUNCILMElh None ABSENTI CDUNCILMEJh None AND I FURTHER CERTIFY that the Major of the City of Anaheia a"roved and signed said Resolution on the 5th day of NoveMber, 1956. IN WITNESS WHEREOF, I have hereunto set lilY hand and affixed the ~ of the City of Anaheilll this 5th day of 1iI0v_er, 1956. ~.~.-::J~;~~ CITY CL.SRK F DiE CITY OF A.IWmIM t-.u.) ~