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58R-4747 - --. RESOLUTION NO. 4747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AiAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURlfISHING OF .ALL PLAHIf, ~OR, SERVICES, XA- TERIALS AID EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TIlE LINCOLN AVENUE SE1IlER J~VF..MF.NT, ON THE NORTJ.{ SIDE OF LINCOLN AVEWE, FROM MAGNOLIA AVF..liIJE TO DALE STRF-FT, JOB NO_ 1126_ WHEREAS, the City Council of the City of Anaheim aid oause to be published in a newspaper of general circulation, printed, published and ciroulated in the Oity of Anaheim, to wit: 'he Anaheim Bulletin, on the ~Oth of Ap"i 1 and the 7th At' Mal' , 19~, a notice inviting sealed proposals for furnishing the tollowing: 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 accordance with the specifications, plans and drawings therefor on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following pUblic improvement, to wit: The Lincoln Avenue Sewer Im- provement, consisting of the construction of a V.C.p. sewer lateral on the north side of Lincoln Avenue, from Magnolia Avenue to Dale Street, including manhole construction, house connections, replacing existing pavement, and appurtenant work as indicated on the plans, Job No. 1126, .~-, in aocordanoe with the designs, plans, profiles and speoit'1o~ tions prepared by Georae E, HDlyok., City Engine." and the aotioe inviting sealed proposals, whioh said notice spec1- tied that sealed proposals as specified in said notioe would be received up until 2:0A o'clock P.M. ot' the l&;'th day 01' Mav ,19, and whioh said notice did state and declare that, pursuant to the provisions of Section 1770 01' the Labor COde, the City Council of the Oity of Anaheim had asoertained the prevailing rate 01' wages tor each type of labor needed to exe- oute said oontract and did set forth the prevailing hourly wage 80ale so asoertained; and WHEREAS, on Mav Ii:) , 19...5.a-, at the hour ot' 2:00 o'olock P.M., the Oity Clerk and City Engineer 01' the -1- - I~ City of Anaheim did open said sealed proposals received up to that time for the furnishing of all piant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to con- struct and complete, in a good and workmanlike manner, in striot accordance with the speoifications, plans and drawings therefor on file in the Offioe of the City Clerk of the City of Anaheim, the public improvement hereinabove more partioularly described and set forth, in public. in the City Counoil Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next ad 'ourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did. at its next. ad Journllld r~ular meeting, held on the 20th day of May .19, at the hour of 7:00 o'clook P.K., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth. and did thereupon find and determine that the sealed proposal submitted by EDWIN L. BARKLEY. 2059 Newport Avenue. Costa Mesa. California for the oonstruotion, installation and completion of said LINCOLN AVENUE SEWER IMPROVEMENT. JOB NO. 1l2~ hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon aocepted said bid and did award a contraot to said EDWIN L. BARKLEY , for furnishing all plaht, labor, servioes, materials and equipment and all utilities and transportation, including power, fuel and water. and performing all work neoessary to oonstruct and complete, in a good and workmanlike manner, in striot aooordance with the specifications, plans, and drawings. the said pUblic improvement as ,pecified in said notice inviting sealed proposals. and did author- ize the Mayor and the City Clerk of the City of Anaheim to execute a contraot for and on behalf of the City of Anaheim with EDWIN L. BARKLEY. 20~9 Newoort Avenuer Costa MeSA, CAlf~n~nf. which said contraot was duly made and entered into on the 23rd day of Mav , 19...5.L; and , WHEREAS, the said EDWIN L. BARKLEY has furnished all plant, labor, servioes, materials and equipment and all utilities and transportation. and performed all work neoessary for the oon- struotion and oompletion, in a good and workmanlike manner. in striot aooordance with the specifioations, plans, drawings, of said publio improvement as speoified in the notioe inviting sealed pro- posals and in the detail. design. plans, prOfiles, drawings and .pecifications prepared by George E. Holvoke. Citv Enaineer , and the oontraot made and entered into with him by the Oi ty of Anaheim; and WHEREAS. the City Enaineer bas dull certified to the oonstruotion and completion of said public improve- ment hereinabove mentioned and described, in accordanoe with the plans and specifications and the contract documents duly made and entered into with said EDWIN La BARKLEY ; and - WHEREAS, the Oity Oouncil finds that said contraotor has completed said pUblic improvement hereinabove more particularly de- Bcribed 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 accord- ance with the contract documents. -2- - ,.-. lOW>> THEREFORE>> BE IT RESOLVED by the City Council of the City of Anaheim that all plant>> labor>> services, materials and equipment and all utilities and transportation>> and the performanoe of all work neoessary to oonstruot>> install and oomplete, in a good and workaanlike manner>> in striot aooordanoe with the speoifioa- tions>> plans and drawings therefor on file in the Office of the' City Olerk of the City of AnaheimD together with the appurtenanoes thereto>> said publio improvement hereinabove mOre particularly de- scribed and set forthD in the City of Anaheim, by said contraotor, be, and the same are hereby acoepted>> subjeot>> nevertheless, to all the terms>> conditions and prOVisions of the oontraot doouments, and that the balanoe due said contraotor for said work be paid to him thirty-five (35) days from and after final aooeptance of said work as evidenoed by the adoption of this resolution, but not sooner than thirty ()o) days after the date of the filing of notice of oom- pletion, exoepting only suoh sum or sums as may lawfully be withheld in aooordance with the provisions of said oontraot and contract documents. That acoeptance by the contractor of said payments made in acoordanoe with said final estimate shall operate and shall be a release to the City of AnaheimD its officers a agents and employees from all claims and liabilities due the oontractor for anything done or furnished or withheld or for anything relating to the work or any aot or neglect of the City>> its offioers, agents and em- ployees>> exoepting only claims against the City for any amounts withheld by the City at the time of suoh payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the Cl ty of Anaheim be a and they are hereby authorized to execute and fl1e a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 10th day of Sephmher a 19....5lLo ~T: ~J(-~k~ CLERK OF THE CrTY OF ANABEIX STAfE OF CALIFORNIA ) couln OF OIUJIGE ) SSe CIn OF AMAHEIM ) 19 DEllE M. WIll lAMS , City Clerk or the Oity ot ARabeimD do hereby oertify that the foregOing resolution w.. intro- duoed and adopted at a regular meeting provided by law of the City Counoil of the City of Anaheim>> held on the IO~h day of SeDtember >> 19~>> by the following vote: AYES: COUJiCILllEN: Pearson, Borden, Fry, Schutte and Coons (!Lc::2/?~ KAYOR OF THE CITY OF AJWU:IX --- 10ES: COUICILMElh None ,- .ASSERT: COUICILllEN: None AND I FURTHER CERUFY that the Mayor Anaheim approved and signed said resolution on SeDtember >>19-5.a..o II WITNESS WHEREOF>> the official seal of the City SeDtember >>19~o of the City of the 10th day of (SJW,) I have hereunto set my hand and affixed of Anaheim this 10th day of () -, _"J~.t'~Di ~F THE OIlfY F Ami -3-