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1955-2859RESOLUTION NO, 2859 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING PO1€ER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: LA PALNA AVENUE SEWER IMPROVE- MENT, FROM SEQUOIA AVE. TO MAGNOLIA AVE., J03 NO. 1057. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the lst day and tie 8th day of April 19 55, a notice inviting sealed proposals for furnishing the fo owing: All plant, labor, services, materials and equip- ment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accord- ance with the specifications, pl&ns and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the following public improvement, to wit: The La Palma Avenue Sewer Improvement, from Sequoia Avenue to I =1arnolia Avenue, consisting of the construction of V.C.P. sewer laterals, sizes as indicated on the ?lans, including excavation, manhole construction, wye branches, resurfacing and appurtenant work, Job No. 1057. in accordance with the designs, plans, profiles and specifications prepared by George E, Holyoke, City Engineer, and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notice would be received up until 7 :00 o'clock P.M. of the 2 day of April 19 55 and which said notice id and declare 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 prevailing hourly wage scale so ascertained; and an adjourned WHEREAS, at regular meeting of the City Council held on the 21st day of April 19 55 at the hour of 7:00 o clock P.M. of said date, said City Council did hold a publl c hearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and egnipment, and all utilities and transportation, in- cl polaer, f' e1. nrl(i wntcr, and peg• brnsing all Woiit necessary -1- 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, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the City Engineer for examination, tabulation and report to the Ci y Council, and said City Engineer did thereupon examine aria said sealed proposals and report the result of his tabulation to the City Council; and an adjourned WHEREAS, the City Council did meet in /regular session on the day of April 1955 at the hour of 7:00 otclock P.M. to consider tEe sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Citr Engineer of the City of Anaheim id tiereupon make his report anaT submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by J. S. BARRETT. BOX 2)..26. SANTA ANA, CALIFORNIA for the construction, installation and completion of said LA PALMA AVENUE SEWER IMPROVEMENT JOB NO. 10 77 hereinabove mentioned and described was t e lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said J. S. BARRETT for furnishing all plant, labor, services, materials and equip- ment 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 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 J. S, BARRETT which said contract was duly made and entered into on the 2,th day of April l9 and WHEREAS, the said J. S. BARRETT has furnished all plant, labor, services, materials and equip- ment 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 and 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 Geor e E. Holyoke, City En ineer made and entered into wits lane by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to tTie 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 J. S. BARRETT and -2- and the contract WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particul- arly 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 tine City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per formance of all work necessary to construct, install 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 together with the ap purtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same is hereby, accepted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due saidcontractor for said work be paid to him 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 completion, excepting only such sum or sums as may lawfully be withheld in accordance with the pro- visions of said contract and contract documents. That acceptance by the contractors 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 liabilities due the contractor for anything done or furnished or withheld or for anythin 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 re- quired by law. THE FOREGOING RESOLUIICN was signed and approved, by me this 19th day of July 1955 .ATTEST: f/U E�C�Q/JNfi2/ CITY�OLERK OF T}rE CITY OF ANAHEIM 3 MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was adopted upon a final reading at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 19th day of July, 1955, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Pearson, Fry, Schutte, Wisser, and Van Wagoner. None. None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 19th day of July, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of July, 1955. (SEAL) .0 l ax e CITY CLERK OF THE CITY OF ANAHEIM