1955-2652RESOLUTION N0. 2652
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINAT.TtY ACCEPTING NE
COMPLETION AND FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT
AND ALL UTILITIES AND TRANSPORTATION,
INCLUDING POWER, FUEL AND WATER, AND PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT
AND COMPLETE THE FOLLOWING PUBLIC IMPROVE-
MENT: THE CERRITOS -WEST INTERCEPTOR SEWER,
UNIT "D" OF WEST ANAHEIM SEWERS, JOB NO.
1053.
WHEREAS, the City Council of the City of Anaheim
did cause to be published in a newspaper of general circula-
tion, printed, published and circulated in the City of
Anaheim, to wit: The Anaheim Bulletin, on the 29th day of
November and the 6th day of December, 1954, a notice invit-
ing 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 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 of the City of Anaheim, the following
public improvement, to wit:
The CERRITOS -WEST INTERCEPTOR SEWER, UNIT "D" OF
WEST ANAHEIM SEWERS, on Cerritos Avenue from West
Street to Euclid Avenue, and on West Street from
Cerritos Avenue to 350 feet southerly, Job No.
1053, consisting of the construction of V.C.P.
sewer mains, sizes and strength as indicated on the
plans, including excavation, manhole construction,
4 -inch V.C.P. wye branches, 4 -inch V.C.P. house
connections, construction of various special struc-
tures, repaving and appurtenant work, as indicated
on the plans,
in accordance with the designs, plans, profiles and specifica-
tions prepared by George E. Holyoke, City Engineer, and the
notice inviting sealed proposals, which said notice specified
that sealed proposals as specified in said notice would be re-
ceived up until 8 :00 o'clock P.M. of the 14th day of December,
1954, and which said notice did state and declare that, pur-
suant to the provisions of Section 1770 of the Labor Code, the
City Council of the City of Anaheim had ascertained the pre-
vailing 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
WHEREAS, at a regular meeting of the City Council
held on the 14th day of December, 1954, at the hour of 8:00
o'clock P.M. of said date, said City Council did hold a public
hearing for the purpose of opening sealed proposals received
up to that time, for 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
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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
Anaheim, of the public improvement hereinabove more particularly
described and set forth; and
WHEREAS, 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 Council; and
an adjourned
WHEREAS, the City Council did meet in /regular session
on the 30th day of December 1954 at the hour of
t109 o'clock :A.M. to consider the sealed proposals submitted for
furnishing materials and performing the work hereinabove more
particularly described 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 find and determine that the sealed proposal submitted
by J. BARRETT, 1230 ST. GERTRUDE PLACE SANTA ANA, CALIFORNIA,
for the construction, installation
and completion of said Cerritos-West Interceptor Sewer, Job No. 1053,
hereinabove mentioned and described was the lowest responsible
pro)osal.• submitted therefor, and thereupon accepted said bid and
did award a contract to said J. S. Barrett
for furnishing 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 accordance
with the specifications, 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 J. S. Barrett which said
contrat was duly made and entered into on the 31st day of
December 1954 and
WHEREAS, the said J. S. Barrett
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 work-
manlike manner in strict accordance with the specifications, plans
and drawings, of said public improvement as specified in the notio€
inviting sealed proposals and in the detail, d=sign, plans, pro-
files, drawings and specifications prepared by George E. Holyoke,
City Engineer and the contract made and entered
into with him by the City of Anaheim; and
WHEREAS, the City Engineer has duly certified to the
construction and completion of said public improvement hereinabove
mentioned and described in accordance with the plans and specific-
ations and the contract documents duly made and entered into with
said J. S. Barrett and
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 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 t.ne City Council of
the City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, and the per-
formance of all work necessary to construct, install 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 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
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 re-
quired by law.
THE FOREGOING RESOLUTION was signed and approved by me
this 8th day of March 19 55
.ATTEST:
CITY CLERK OF THE CITY OF GNAHEIM
vi
MAYOR OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution was passed and adopted at a regular
meeting of the City Council held on the 8th day of March, 1955, by the
following vote of the members thereof:
AYES: COUNCILMAN: Pearson, Fry, Schutte, Wisser, and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed
and approved said Resolution on the 8th day of March, 1955.
IN WITNESS WHEREOF, I Have hereunto set my hand and affixed the
seal of the City of Anaheim this 8th day of March, 1955.
(SEAL)
CITY CLTRIT OF THE CITY OF ANAHEIM.