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56R-3126 - RESOLUTION NO. 3126 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 POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE RHF.RWOOD-GROVE SEWER IKPROVEMENT. JOB NO. 1064 WHEREAS, the City Counoil of the City of Anaheim did cause to be published in a newspaper of general oirculation, printed, published and ciroulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the J~t~ day and the 16th day of November , 1 :J , a notice inviting sealed proposals for furnishing the following: All plant, labor, services. materials and equip- ment, and all utilities and transportation, in- oluding power, fuel and water, and performing all work necessary to construot and oomplete, in a good and workmanlike manner, in strict acoordance with the speoifications, plans and drawings there- for on file in the Office of the City Clerk of the City of Anaheim, the following public improvement, to wit: The Sherwood-Grove Sewer Improvement, con- sisting of the construotion of 8-inch V.C.P. sewer mains and 4-inch V.C.P. sewer laterals in Sherwood Drive from approximately 652 feet south of Santa Ana Street to Santa Ana Street, and in Grove Avenue from approximately ~40 feet southwesterly to Sherwood Drive, and including manhole construction, resurfacing with 3-inch plant-mix. and appurtenant work, as indicated on the plans, Job No. 1064 in accordance with the uesigns, plans1 prOfiles and specifications prepared by George E. Holyoke, Ci~y Engineer and the notioe inviting sealed proposals, whioh said notioe speoi- fied that sealed proposals as specified in said notioe would be received up until 7:00 o'olock P.M. ~f the 22nd day of Movember , 19 " , and which said notice did state and de- c1are that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had asoertain- ed the prevailing rate of wages for each type of labor needed to .~ e~ecute said contraot and did set forth the prevailing hourly wage soale so asoertained; and on the o'olock hearing to that terials oluding WHEREAS, at a re~ular meetiug of the City Council heli 22nd day of Novemner , 19" , at the hour of 7:Uu P.M. ~f said date, said City Council did hold a publio for the purpose of opening sealed proposals received up time, for furnishing of all plant, labor, services, ma- and equip~ent, and all utilities and transportation, in- power, fuel and water, and performing all work necessary ..;..-..- - to construct and complete, in a good und workmanlike manner, in strict accordance with the spe8ifications, 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 rffiER~AS, the City Council did thereupon refer said bids to the City Engineer for examination, tabulation and report to the City Council, and said City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabu- lation to the City Council; and an adjourned WHEREAS, the City Council did meet in/regular session on the 29th day of November , 19 .5.5 ,at the hour of 7 ~:OO o'clook P.M. to consider the sealed pro~osals submitted for furnishing materials and performing the work hereinabove more particularly Qescrlbed and set forth, and the City Engineer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by v.r.){ER E_. BARNETT. 131.52 CENTURY BOULEVARD. GARDEN GROVE. CAL- ~IA _ , for the construction, installation and completion of said Sherwood-Grove Sewer Improvement. Job No.1064 hereinabove mentioned and described was the lowest responsible pro losal. - submitted therefor, and thereupon accepted said bid and did award a contract to said Elmer E. Barnett for furnishing all plant, labor, services, materials-and.-equTp::..--- 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 AnahGim to execute a contract for and on behalf of the City of Anaheim wi th Elmer E. Barnett , which said contract was duly made-ande-rit~e-redfn-toon the '1th day of December ___, 19 55 ; and WHEREA3, the said Elmer E. Barnett has furnished all plant, lator, serviceii; materIais--and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and work- manlike manner in strict accordance with the specifications, plans and drawings, of said public improvement as specified in the not~G inviting sealed proposals and in the detail, design, plans, pro- files, dral'linge and specifications prepared by __~_~______ ._______ said City Engineer .. , and the cont.re.ct made and entered into with him by~tlleCitY-of Anaheim; and 1^lliEREAS, the Ci ty Engineer has duly certified to the con8tr~ctlon and completion of said public improvement hereinabove menticned and described in accordance with the plans and specific- aticns and the contraot documents duly made and entered into with se,id Elmer E. Barnett ; and WHEREAS, the City Council finds that said contractor haa completed said public improvement hereinabove more particularly 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. -2- ..-- ~~ -, - NOW, THEREFORE, BE IT RESOLVED by tne City Council of tIle 8i tj' of .Anaheim that all plant, labor, services, materials and eqUipment and all utilities and transportation, and the per- formance of all ','ork necessary to construct, install and c:Jmplete 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 wi th 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 provision~ of the contract documents, and that the balance due said contraotor 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 any thin: 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 Ir 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 RESOLUTION was signed and approved by me this 14th day of February 1956 . "-- , .b. TTEST : '// .r:;:';..::J t /~,,~-(::;(-/~ .AO~1Jv- lilAYO '-OF THE~CnY- OF A AliEn! ____. 1/ '- '---. ~_.., . ~--_J.2(" ./u~h'<C-~." CITY CLERK OF I:iE CITY OF AI\'AHEU1 -]- - SUTE OF CALIFCRHIA ) C(JJHTY OF ~>>GE ) SS. CIty OF ANAHEIM ) ......... I, DENE M. WILUAMS, City Clerk of the City of Anaheim, do he:te>>y certify that the for89oin9 resolution was adopted upon a final r.ding at a regular .eeting of the City Council of the City of Anaheim, held on the 14th day of February, 1956, by the following vote of the ....rs thereofz AYESz COUNCIUlENz Pearson, Fry, Schutte, and Wisser. NOESz COUICIlJIENz None. ABSENTz COUICIUWiz Van Wagoner. AND I FURTHER CERTIFY that the Mayor of the City of Anaheba app,roved and signed said resolution on the 14th day of February, 1956. IN WITNESS WHiREOF, I have hereunto set -.y hand and affixed the seal of the City of Anaheim this 14th day of r:ebnlBry, 1956. ~_ _ ~d_ _ /;'. d_ /,' _ / CITY LJItK~mf€~i~- (Sw.) --... /