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58R-4704 - ~... RESOLUTI ON NO. 4704 A RESOLU~ION OF ~HE CI~Y COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND ~HE FURJlISHIIG OF ALL PLAN~, LABOR, SERVICES, IlA- ~ERIALS AND EQUIPHEN~ AND ALL U~ILI~IES AND ~RANf>. POR~A~IOI INCLUDING POWER, FUEL AND WA~ER, AND PERFORMING ALL WORK NECESSARY ~O CONS~RUC~ AND COMPLE~E ~HE FOLLOWING PUBLIC IMPROVEMEN~, ~O WI~: THE JllDUNTAIN VIEW AVENlTF' SElaJER TfvlPROVF'MEN1' J F'ROM KATELLA AVENUE TO 6C:;0 FEET SOlfTH OF KATF'r r A A\/FNTTF', JOB NO. 11"10. WHEREAS, the Oity Oouncil of the Oity of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the Oity of Anaheim, to wit: 'I'he Anaheim Bulletin, on the 7th ::Inn 1 'I t h da,}'!'I of MIIl~ ' 19~, a notice inviting sealed proposals for furnising the following: 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 accord- ance 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 Mountain View Avenue Sewer Improvement, from Kate11a Avenue to 650 feet south of 1<ate11a Avenue, consisting of the construction of an 8-inch V.C.p. sewer lateral in Mountain View Avenue, from Katella Avenue to 650 feet south of Kate11a Avenue, including house connections, manhole construction, resurfacing and appurtenant work, as indicated on the plans, Job No. 1130, "~ in aocordanoe with the designs, plans, profiles and specific~ tions prepared by George E. Holyoke, City Engineer and the notice inviting sealed proposals, which sa1d notice speoi- fied that sealed proposals as speCified in said notice would be received up until 2:00 o'clock P.M. of the 22nd day of May , 19...2.L, and which said notioe did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Code, the Oity Council of the City of Anaheim had asoertained the prevailing rate of wages for each type of labor needed to exe- oute said oontraot and did set forth the prevailing hourly wage scale sO asoerta1ned; and WHEREAS, on Mav 22 , 19~, at the hour of 2:00 o'olock P.M., the Oity Clerk and City Engineer of the -1- - -- City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, 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 strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in public, in the City Council 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 regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 27th day of ~ , 19~, at the hour of 7:00 o'clock 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. RAR~.WT, 205Q N.~ort Avenue, Costa Masa, California, for the construction, installation and completion of said Mountain View Avenue Sewer ~rove..nt. Job No. 1130. hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said EDWIN L. B~R~~Y for furnishing all plaht, labor. services, materials and equipment 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 speoified in said notice inviting sealed proposals, and did author- ize 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 Edwin L. Barkley. which said contract was duly made and entered into on the 4th day of June , 19..2i..-; and . WHEREAS, the said EDWIN L. BA.RKLEY has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, 1n a good and workmanlike manner, in strict accordance with the specifications, plans, drawings, of said pUblic improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, prOfiles, drawings and speoifioations prepared by Geer~. E. Holvoke, City EnJin..r. , and the contract made and entered into with him by the City of Anaheim; and WHEREAS, the said City- En.v:ineer has dull certified to the construction and completion of said pUblic improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said EDWIN L. BARKLEY ; and ",..- WHEREAS, the City Oouncil finds that said contractor has completed said pUblic improvement hereinabove more particularly de- scribed 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 aocord- ance with the contract documents. -2- - ,-.. NOW v THEREFORED BE IT RESOLVED by the Oity Oounoil of the Oity of Anaheim that all plant>> laborp servioes, materials and equipment and all utilities and transportationp and the performanoe of all work neoessary to construot. install and complete, in a good and workmanlike mannerp in strict aocordance with the speoifio&- tionsp plans and drawings therefor on file in the Offioe of the Oity Olerk of the City of Anaheimp together with the appurtenanoes thereto, said pUblic improvement hereinabove more partioularly de- soribed and set forthp in the City of Anaheim, by said contractor, be, and the same are hereby acoeptedp subject. nevertheless, to all the terms. conditions and provisions of the oontraot doouments, and that the balance due said oontraotor for said work be paid to hi. thirty-five (35) days from and after final aoceptanoe of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notioe of com- pletion. excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contraot doouments. That acoeptance by the contraotor of said payments made in aocordance with said final estimate shall operate and shall be a release to the City of Anaheimp its Officers. agents and employees from all claims and liabilities due the contraotor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of the Cityp its officers, agents and em- ployees, excepting 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 Kayor and the City Clerk 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. THE FOREGOING RESOLUTION is approved and signed by me this 12th day of .lwmst 9 19.5.1-.0 L~~c? MAYOR OF THE CITY OF AI.A.~~ A'J.!-!;EBT: ~]:'OF%~rnOFA.AHEIK Sf ATE OF OALIFORNIA ) OOUITY OF OlU.HGE ) ss. CITY OF AlWiEIK ) Ip DIIE M. WILLIAMS >> Oity Olerk of the Oity of Anaheim, do hereby oertify that the foregoing resolution Val intro- duced and adopted at a regular meeting provided by 1.- of the Oity Oounc11 of the Oity of Anaheim>> held on the . 12thdaJ of .lwruat . 19....s.1-.p by the following vote: AYES: COUNOILXEN: Pearson, Borden, Fry, Sclwtte and Coons NOES: COUHCILHEli: None r-. ABSENT: COUKCILXE!h None .AND I FURTHER CERTIFY that the Kayor of the Oity of Anaheim approved and signed said resolution on the 12th day of bpat p 19..5.8....... IN WITNESS WHEREOF 9 I have hereunto set my hand and affixed the official seal of the Oity of Anaheim this 12th day of AlIIlWIt p 19~o (SEAL) \ -, ~) ~, . oIft~aLEaf~F ~..~ilitir)( -)-