56R-3125
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RESOLUTION NO. 3125
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK NECES-
SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: THE VERMONT AVENUE SEWER
lJ""1~B,PiF.,gT, FROM ~ITB.ON STB.l!:ET TO HAMPSHIRE
A VEl\lUE, B NO. 10 3.
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WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general ciroulation,
printed, published and circulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the lOth and 16th days of
November , 19 55 , a notice inviting sealed
proposals for furnishing the following:
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 speoifications, plans and drawings there-
for on file in the Offioe of the City Clerk of
the City of Anaheim, the following public improve-
ment, to wit: The Vermont Avenue Sewer Improve-
ment, from Citron street to Hampshire Avenue,
consisting of the construction of a 6-1nch V.C.P.
main line, 4-inch V.C.P. leterals, manhole con-
struction, resurfaoing and appurtenant work, as
indicated on the plans, Job No. 1063.
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in accordance with the tiesigns, plans~ profiles and specifications
prepared by George E. Holyolte, City ~ngineer
and the notioe inviting sealed proposals, which said notioe speoi-
fied that sealed proposals as specified in said notice would be
reoeived up until 7:00 o'clock P.H. cf the 22nd day of
~ovemQ~ ' 19~~ , and which said notice did state and de-
care t at, pursuan~the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had asoertain-
ed the prevailing rate of wages for eaoh type of labor needed to
execute said oontraot and did set forth the prevailing hourly wage
scale so ascertained; and
on the
o'olock
hearing
to that
terials
eluding
WHEREAS, at a regular meeting of the City Counoil heli
22nd day of November , 19 55 , at the hour of 7:00
P.M. ~f said date, said City Council did hold a public
for the purpose of opening sealed proposals reoeived up
time, for furnishing of all plant, labor, services, ma-
and equipment, and all utilities and transportation, in-
power, fuel and water, and performing all work necessary
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to construct and. complete, in a good and No:rkmanlike manner, in
8t,~ict accordance 1\1'i th the; specifications, :ola~18 and dravrings
T/,"",f'or on file in tl)~fice of the Ci t,)i Clerk of the City of
..- I."dJl8im, of the public .'j'.)rovement hereinauove more particularly
c:escr::'bed and set fo:::->1:i.: c<,nd
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'IHEREAS, thE: C::'y Cou;,::.jl did thereu90n refer said bids
to the Ci ty Engineer for
examination-;--tabulatTo,~ -i:1(5- re~;-(:=::'T-':;o the City -CounCil, and-said
City Engineer ..... . did thereupon
examj.ne and ta1:luTa,":re--saTcf -seale-cCpl,',jposaL1-a-nd report the result
of his tabulation to the City Council; and
IlHEREAS, the City Council did meet in an adjourned
regular session on the 29thday of November 19.5), at the nour
of 7:00 0 t clnck P. h. -toconsider the seal-edproposals submitted
for---ri:irnishing materials and performing the 1<lork hereinabove more
particularly described and set forth, and the
Oi ty Engineer of the City of AnahEilnr did --
'thereupon make 1iYs-repo-J:'t andsubmit his tabulation of said
sealed proposals, and tho City Council did thereupon find and
determine that the sealed proposal submitted by E~ E. BARNETT,
1.3152 Century Boulevard, Garden Grove J Gallrol:'l'l IlL ~ _
for the construction, installa-tion and completign of said
Vermont Avenue Sewer Improvement, Job. No. 10 .3.
h-ewinabove mentTonedand de"'8"C'r1.bec1 was the" lowest -responsible-pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said Elmer E. Barnett
for furnishing all plant, labor, services ,',materials_a-nd equip-
ment and all utilities and transportation, including power, fuel
and water, and perfor'ming all work necessary to construct and
complete, in a good and workmanlike manner, in strict accordanoe
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 Elmer E. Barnett
which said contract was dulY"iiladeancCen-tered into--6n-tEe. Zth
day of December , 19~; and
WHEREAS, the said Elmer E. Barnett
has furnished all plant, labor, services, materials and equip-
ment and all utilities and transportation, and performed all work
necessary for the oonstruction and completion, in a good and
workmanlike manner in strict accordance with the specifications,
plans and 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
", saig, Qi t:l( ;lijn~ineer ____ _.-_ _, and the contrac t
made and entered into ,-ritn h1m ----Oy the City of Anaheim; and
w"REREAS, the CJ, tv E~Hi+xuaJ:~_
;l8.S duly certified to the oonstruction and completion of said
~ublic improvement hereinabove mentioned and described in
accordance Nith the plans and specifications and the contract
documents duly made and entered into 1'Jith said _____
.- F.ll1ar II: l=la ~:~u: 't.t....-___~ ; and
:fHEHEAS, the City Council finds that said contractor
has completed said public improvement hereinabovo mora particu-
larly described in accordance with the provisions of the contract
and the contract documenta, and that notice of completion should
be filed and payment of thG balance due said contractor authorized
in accordance with tho contract documents.
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NOH, THEREFOS:L, BE IT 11LSOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
l.:~.n equipm::mt and all utjlities and transyortation, and the per-
~Jrmanco of all work necessary to construct, install and complete
~n a good and workmanl.iJ\.8 manner, in strict accordance "rith tho
apecifications, plans and dra"rings 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 tho 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
liabilities due tho 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, 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 tho Mayor and the City
Clerk of the City of Anaheim be, and they arc hereby, authorized
to execute and file a notice of completion of said work as re-
quired by law.
TH~ FOREGOING RESOLUTION was signed and approved by mc
this 14th day of Februarl , 19 56
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ATTEST:
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C. CLERK F TH.L.I CITY OF 'lAl1E Ii"j
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STATE OF CALIF<RNIA )
COUllI'Y OF CRAN3E ) 55.
CITY OF ANAHEIM )
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I, DENE M. WILLIAMSt City Clerk of the 01ty of AnaheiBIt do
hereby certify that the foregoing resolution was adopted upon a final
reading at a regular meeting of the City Council of the City of Anaheimt
held on the 14th day of February, 1956, by the following vote of the
meJlbers thereof:
AYES I COUNCILMEN: Pearson, Fry, SChutte, and Wisser.
NOES I COUNCILMEN: None.
ABSENT: C€I.JI'CILMAN: Van Wagoner.
AND I FURTHffi CERTIFY that the Mayor of the City of Anaheim
appJ:oved and signed said resolution on the 14th day of Februaryt 1956.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 14th day of February, lCJ!:l6.
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CITY CLERK OF 'tHE CITY OF ANAHEIM
(SEAL)
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