56R-3124
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RBSOLUTION NO. 3124
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 PERFORMlNO ALL WORK NECES-
SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: THE PALM LANE SEWER IMPROVE-
MENT, FROM EUCLID A V .l!,;NIJE 'ru JUlit'.KO.l..lIlA1.'JW"Y .L, 247
FBT EAST OF EUCLID AVENUE. JO~ NO. 1962
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general oiroulation,
printed, published and circulated in the City of Anaheim~ to wit:
The Anaheim Bulletin, on the lOth day and the 16th day or
November , 19 55 , a notice inviting sealed
proposals for furnishing the following:
All plant, labor, services, materials and equipment,
and all utilities and transportation, including
power, fuel and water, and performing all work neces-
sary to oonstruct and oomplete, in a good and workman-
like manner, in strict accordance with the specifica-
tions, plans and drawings therefor on file in the
Office of the City Clerk of the City of Anaheim, the
following public improvement, to wit: The Palm Lane
Sewer Improvement, consisting of the oonstruction of
an 8-inch V.C.P. main sewer line and 4-inch V.C.P.
sewer laterals in Palm Lane from Euclid Avenue to
approximately 1,247 feet east of Euclid Avenue, and
inoluding manhole oonstruction, resurfaoing and ap-
purtenant work, as indioated on the plane, Job No.
1062.
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in accordance with the uesigns, plans~ profiles and specifioations
prepared by George E. Holyoke, City ~nglneer
and the notice inviting sealed proposals, which said notioe speoi-
fied that sealed pr~osals as specified in said notioe would be
reoeived up until 7:00 o'clock P.M. cf the 22nd day of
November , 19jj , and which said notioe did state and de-
clare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had ascertain-
ed 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
on the
o'olock
hearing
to that
terials
oluding
WHEREAS, at a regular meetinE of the City Council heli
22nd day of November , 1955 , at the hour of 7:00
P.M. cf said date, said City Council did hold a publio
for the purpose of opening sealed proposals reoeived up
time, for furnishing of all plant, labor, services, ma-
and equipment, and all utilities and transportation, in-
power, fuel and water, and performing all work necessary
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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
hnaheim, of the public improvement hereinabove more particularly
described and set forth; and
vmER~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 Counoil; and
an adjourned
~lliEREAS, the City Council did meet in/regular session
on the 29th day of Novemoer , 19 55 , at the hour of
7~:OO o'olock P.M. to consider the sealed proDosals submitted for
furnishing materials and performing the work hereinabove more
particularly uescribed 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 nnd 2.JN deter1lline that Lhet aealF.d ..propo.sal eubmi tted
by ELMER E. BARNETT, IjLj2 Sou~n Gen ury!fouIev~r~,
Garden '""Grove , GaL1torn1a , for the construction, installation
and completion of said Palm Lane Sewer Improvement, Job No. 1062
hereinabove mentioned and described was the lowest responsible
pro 'osa1., 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 equip-
ment and all utilities and transportation, including power, fuel
and w'ater, 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
imDrovcmcnt as specified in said notice inviting see,led 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
Analleim wi th Elmer E. Barnett , which said
contract was duly made a~ndenterea:-Tnto-on the 1st day of
December ,1955 ; and
WHEREA3, the said Elmer E. Barnett has
furnished all plant, lator, service~iii; -ma-terTa.is~'a.nd 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 speoifications, plans
and drawings, of said public improvement as specified in the notke
inviting sealed proposals and in the detail, d~sign, plans, pro-
files, dra1,>,ings and specifications prepared by ___________
.ald City E.I'!K~_n_ee~_.___, and the contra,ct made and entered
into with him by the City of Anaheim; and
l\fHEREAS, the Ci ty Engineer has duly certified to the
construction and completion of said public improvement hereinabove
menticned and described in accordance with the plans and speclfic-
ations and the contract 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 particularJy
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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
tIle City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, and the per-
formance of all "fork necessary to construct, install and oomplete
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 said contractor 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
t~e time of such payment.
AND BE IT "URTHER 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!4th day of February , 19 .56
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HAYOR OF -'1' E~ ~i'y OF ANAHEIM
J.TTEST:
~~L'-- ._-~){ :/ u ~~/e.L'<"" nLV
'JITY CLERK OF t:rE -crr:{ Or-AI\fAHEIN.
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STATE OF CALIR:liNIA )
COUNTY OF CJWGE ) 55.
CITY OF ANAHEIM )
I, DElE M. WILUAMS, City Clerk of the City of Anaheim, do
hentby certify that the foregoing resolution was adopted upon a final
readil'l9 at a regular meeting of the Ci ty Council of the City of Anaheim,
held on the 14th day of February, 1956, by the following vote of the
aeJllbers thereo f a
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AYES a CWtCILMENa Pearson, Fry, Schutte, and Wisser.
J<<>ESa COUK:ILMENa None.
ABSENT a CCUlCIlJIl\Na Van Wagoner.
AND I FURTHIR CERTIFY that the Mayor of the City of Anaheia
app/rOVed and sigJled said resolution on the 14th day of February, 1956.
IN WITlESS WHBlEOF, I have hereunto set ay hand and affixed
the sed of the City of Anaheim this 14th day of February, 1956.
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CITY Cl.I!RK OF mE ITY OPAI(AHEIM
(SaAL)
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