57R-4197
RESOLUTION NO. 4197
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A RESOLUTION OF THE CITY COU1~CIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER,
::;'UEL AND WATER, AND PERFORMING ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT. THE CARNELI.Al'f
STR3ET-3UT1AC LANE SEvIER Hll'H.U V J:ljl"lli.N 'r,
F KAT ELLA AVENUD NORTHERLY UN
n'ELIAN STREE O.
EASTERLY ON S~~
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WHEREAS, the City Council of the City of Anaheim did cause to be pub-
lished in a newspaper of general circulation, printed, published and circulated
in the City of Anaheim, to wits The Anaheim Bulletin, on the 6th and 12th
p~':r:; of September , 19')7 , a notice inviting sealed pro-
pos s for furnishing the followings
All plant, labor, services, materials and equipment,
and all utilities and transportation, including power,
fuel ';lats:;:" and )erforming all ','Jork necessary to
c::mstrucD a'1.Q complete, in a ::;;00(1 and workmanlike manner,
in strict aceo'dance \-lith the specifications, plans and
dravdn;s on file in t::w Office of the City Clerk or City
:8n[;:.',-,,"leer 0:: t:; Gi~y of Anaheim, the following public
improvement, to VIi t: 'J'he Carnelian Street-Sumac Lane
Sewer Improvement, frAll a poin':~ aI'proximately 9 feet east
of ,1L; centei' line of ijarnelLaC1 :3treet and 4 feet north
of the center line 0.-'-' I:atelL), Avenue northerly on Carnelian
3trcet 5J7. 21 feet, t::l8::JCe e~Jstc;rl~r OIl :3umac TJane 158.26
fee ~o a point on the eas~ tract line, consisting of the
c lnstruc~ion of 8-inch V.C.P. sewer laterals, including
trencl1in.!;, bacldill and floodins, construction of one 5
foo;j manhole Clnd t,,;o 4 foo t: manholes, resurfacing fu'ld
apC'_lrten'i11t ;dorK, CiS i.nuiC3ted em the plans, Job No. 1101,
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in accordance with the designs, plans, profiles and specifications prepared by
lrp.ori[;e E. Holyoke, City En~ineer and the notice inviting sealed
proposals, which said notice speclfied that sealed proposals as specified in
said notice would be received up until 7: 00 01 clock P. M. of the 17th day
of September , 19....2.2.., and which said notice did state and declare
that, 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 pre-
vailing hourly wage scale so ascertained; and
WHEREAS, at 'i:}.:~i.A.~~r41~%ing of the City Council held on the 17th day
of Se~tember , 19 ')7 , at the hour of 7: 00 01 clock P. M. of
said da e, said City Council did 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, in-
cluding power, fuel and water, and performing all work necessary to construct and
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complete, in a good and workmanlike manner, in strict accordance with the speci-
fications, plans and drawings therefor on file in the office of the City Clerk
01 the City of Anaheim, of the public improvement hereinabove more particularly
described and set forth; and
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W1iEREAS, the City Council did thereupon refer said bids to the City
Engineer for examination, tabulation and report to the City Co~
and said Ci ty ~n~ineer did thereupon exandne and tabulate said sealed pro-
posals and repor t e result of his tabulation to the City Council; and
WHEREAS, the City Council did meet in ad.iourned regular session
on the 17th day of Seotember , 19.:2.'Z-, at the hour of'Z.&.Q.Q..olclockP. M.
to consider the sealed proposals submitted for furnishing materials and performing
the work hereinabove more particularly described and set forth, and the
Oi tv 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 subndtted by
B.ARI:lliTT BROS. CON~}T'RlJC'I'Jc)ii CO., l'Sl,,)? Century Blvo. (iRroAn (iT'CWA)
California for the construction, installation and com-
pletion of said CAlliBLIAl\f JTH6co'l\-SUl'lAC LiUB SEWER Il"IPROVEYJENT,
J.OS NO. 1101
hereinabove mentioned and des-
cribed was the lowest restlonsible oropos.<l} submitted therefor, and thereupon ac-
cepted said bid and did award a contract to said BJu"""lllfET'I' BROS. CONSTRUCTION
CO. for furnishing all plant, labor, services,
materials and equipment and all utilities and transportation, including power,
fuel and water, and perfor~ing all work necessary to construct and complete, in
a good and workmanlike manner, in strict accordance with the specifications, plans,
and drawinf.'s, the sa<d 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
:JARNETT 3ROS. COH3'l'ZUCTIOlT CO.
which said contract was ~y made and entered into on the 2nd day of
October , 19'22-; and
WHEREAS, the said BArtlJET':' K?OS. CONST.ttUCTION CO.
has furnished all plant, labor, services,
materials and equipment and all utilities and transportation, and performed all
work necessary for the construction and completion, in a good and workmanlike
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
3-eor;;:;e E. Hol.yoke, City Enr,ineer . , and the contract made and entere~
into with it by the City of Anaheim; and
WHEREAS, the Ci t.;r lGn1;ineer
the construction and completion of said public
and described in accordance with the plans and
documents duly made and entered into with said
80. " ; and
has duly certified to
improvement hereinabove mentioned
specifications and the contract
BAPJ:rETT BROS. CONSTRUCTION
WHEREAS, the City Council finds that said contractor has completed said
public improvement hereinabove more particularly described in accordance with the
provisions of the contract and the contract documents, and that notice of com-
pletion 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 the City of Anaheim
that all plant, labor, services, materials and equipment and all utilities and
transportation, and the performance of all work necessary to construct, install
and complete, in a 800d and workmanlike manner, in strict accordance with the spe-
cifications, plans and drawings therefor on file in the office of the City Clerk
of the City of An~1eim, together with the appurtenances thereto of said public
improvement hereinabove more particularly described and set forth, in the City'
of Anaheim, by said contractor, be, and the same are hereby, accepted, subject,
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nevertheless, to all the terms, conditions and provisions of the contract docu-
ments, and that the balance due said contractor for said work be paid to it
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 compl"tion, excepting only such sum or sums
as may lawfully be withheld in accordance with the provisions of said contract
and contract documents. That acceptance by the contractor 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 lia-
bilities due the contractor for anything done or furnished or withheld or for
anything 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 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.
day of
THE FOREGOING RESOLUTION is signed and approved by me this 7th
November , 19 77 .
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MA R ~ ANAHEIM
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ATTEST.
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MY C OF THE CIT( oY-A~
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
ss.
I, DENE M. WILLIAl'1S , City Clerk of the City of
Anaheim, do hereby certify that the foregoing Resolution was passed and adopted
at a]j ad.iourned regular meeting of the City Council held on the 7th day
of November , 19-52-, by the following vote of the members thereof.
AYES. COUNCILMEN Pearson, Coons, Fry, Schutte and Wisser.
NOES I COUNCILMEN None.
ABSENT. COUNCILMEN. None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and
approved said Resolution on the 5th day of November , 195.2-.-.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 5th day of November , 19--5.2..-
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C C OF THE ~fTf-1F ANAHEIM
(SEAL)
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