57R-3937
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RESOLUTION NO. 3937
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES I MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT: THE LINCOLN
AVENUE SEWERS ON THE NORTH ~p SO~~I~g
~tiNCOL~ArNUE BETWEEN ~CLID AVENUE AND
LER STREET, JOB NO. 1085.
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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 14th and 20t ' 19-5.6...,
a notioe nviting seale owing:
All plant, 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
plans and specifications on file in the office of
the City Clerk of the City of Anaheim, the following
public improvement, to wit: The Lincoln Avenue Sewers,
on the north and south sides of Lincoln Avenue between
Euclid Avenue and Muller street, consisting of the
construction of 8-inch standard strength V.C.P. sewer
laterals, 8" x 4" wyes, standard strength, thirteen
standard 4-foot brick manholes, jacking, resurfacing
and appurtenant work, as indicated on the plans,
Job No. 108.5.
in accordance with the designs, plans, profiles and specifications pre-
pared by Geo~e E. Holyoke. City Enginee~ and the notice invitir:g
sealed proposa 6, which said notice speci ied that sealed proposals as
specified in said notice would be received up until 7:00 o'clock P. M.
of the 26th day of tBecember , 19...,2L, and which said notice
did state and declare t at, 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 ascer-
e- tained; and
WHEREAS, at a regular meeting of the City Council held on the
26~day of December , 19 .56~, at the hour of 7:00 o'clock
~f said date, said City Councrr-aid hold a public hearing for the
purpose of opening 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 per-
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forming all work necessary to oonstruct 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
Council did thereupon refer said bids to
r for examination,
City Council;
WHEREAS, the City Council did meet in regular
session on the 26th day of December , 19 56 ,at the hour
of 7: 00 0 I clock P. M. to consider the sealed proposals submitted
for furnishing materials and performing the work hereinabove more
particularly described and set forth, and the CitK Engineer
of the City of Anaheim did t ereupon 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 E. E. BERNARD, 5858 Lime Avenue, Long Beach 5, California
for the construction, installation and completion of said LINCOLN
AVENUE SEWERS, JOB NO. 1085
hereinabove mentioned and described was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to aaid E. E. BERNARD
for furnishing all plant, 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 speci-
fications, 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 E. E. BERNARD
, which said contract was duly made
and entered into on the 31st day of December , 19-22..; and
WHEREAS, the said E. E. BERNARD
has furnished all plant, labor, services, materials
BIRr 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,
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 or e E. H 1 oke Clt En lneer
, and the contract made an en ered nto w m
by the City of Anaheim; and
WHEREAS, the City Engineer
fied to the construction and completion of said publiC
inabove mentioned and described in accordance with the
tions and the contract documents duly made and entered
E. E. BERNARD
has duly certi-
improvement here-
plans and specifica-
into with said
; and
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WHEREAS, the City Council finds that said contractor has com-
pleted said public improvement hereinabove more partioularly 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 Counoil of the City
of Anaheim that all plant, labor, services, materials and equipment
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and all utilities and transportation, and the performance of all
work necessary to construct, install and complete, in a good and
workmanlik.e manner, in strict accordance with the speoifications,
plans and drawings therefor on file in the office of the Oity
Clerk of the City of Anaheim, together with the appurtenances
thereto of said public improvement hereinabove more particularly
described and set forth, in the City of Anaheim, by said con-
tractor, be, and the same are hereby, accepted, subject, neverthe-
less, 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 provisions
of said contract and contract documents. That acoeptanoe by the
contractor of said payments made in accordanoe with said final
estimate shall operate and shall be a release to the Oity of
Anaheim, its officers, agents and employees from all claims and
liabilities due the contractor for anything done or furnished or
withheld or for anything relating to the work or any act or neg-
lect of the City, its officers, agents and employees, exoepting
only claims against the Oity 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 required
by law.
this
THE FOREGOING RESOLUTION
11th day of .TnnA
1s signed and approved by me
, 19 57
IIA~ ANAHEIM.
/.J
Pro Tem
ATTEST:
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1m "CL6t of <T~t~cWY6f<-ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANc:E ) SS.
CITY OF ANAHEIM )
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I, DENE M. WILUAMS, City Clerk of the Ci ty of Anaheim do
hereby certify that the foregoing Resolution was passed and adpted
at a regular lmeeting of the Ci ty Council of the City of Anaheim,
held on the 11th day of June, 1907, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUtCI LMEN:
COUNCILMEN:
Coons, Fry, Schutte and Wisser.
None.
Pearson.
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of
Anaheim signed and approved said Resolution on the 11th day of
June, 1957.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 11th day of June, 1957.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
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