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56R-3124 - .,,,,..--. RBSOLUTION NO. 3124 A RESOLUTION OF THE 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 PERFORMlNO ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE PALM LANE SEWER IMPROVE- MENT, FROM EUCLID A V .l!,;NIJE 'ru JUlit'.KO.l..lIlA1.'JW"Y .L, 247 FBT EAST OF EUCLID AVENUE. JO~ NO. 1962 WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general oiroulation, printed, published and circulated in the City of Anaheim~ to wit: The Anaheim Bulletin, on the lOth day and the 16th day or November , 19 55 , a notice inviting 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 neces- sary to oonstruct and oomplete, in a good and workman- like manner, in strict accordance with the specifica- tions, 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 Palm Lane Sewer Improvement, consisting of the oonstruction of an 8-inch V.C.P. main sewer line and 4-inch V.C.P. sewer laterals in Palm Lane from Euclid Avenue to approximately 1,247 feet east of Euclid Avenue, and inoluding manhole oonstruction, resurfaoing and ap- purtenant work, as indioated on the plane, Job No. 1062. .~ in accordance with the uesigns, plans~ profiles and specifioations prepared by George E. Holyoke, City ~nglneer and the notice inviting sealed proposals, which said notioe speoi- fied that sealed pr~osals as specified in said notioe would be reoeived up until 7:00 o'clock P.M. cf the 22nd day of November , 19jj , and which said notioe did state and de- clare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertain- ed 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 ascertained; and on the o'olock hearing to that terials oluding WHEREAS, at a regular meetinE of the City Council heli 22nd day of November , 1955 , at the hour of 7:00 P.M. cf said date, said City Council did hold a publio 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 .<",......." .- ~, 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 hnaheim, of the public improvement hereinabove more particularly described and set forth; and vmER~AS, 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 Counoil; and an adjourned ~lliEREAS, the City Council did meet in/regular session on the 29th day of Novemoer , 19 55 , at the hour of 7~:OO o'olock P.M. to consider the sealed proDosals submitted for furnishing materials and performing the work hereinabove more particularly uescribed 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 nnd 2.JN deter1lline that Lhet aealF.d ..propo.sal eubmi tted by ELMER E. BARNETT, IjLj2 Sou~n Gen ury!fouIev~r~, Garden '""Grove , GaL1torn1a , for the construction, installation and completion of said Palm Lane Sewer Improvement, Job No. 1062 hereinabove mentioned and described was the lowest responsible pro 'osa1., submitted therefor, and thereupon accepted said bid and did award a contract to said Elmer E. Barnett _~____,~ ~__,_ for furnishing all plant, labor, services, materialS-and equip- ment and all utilities and transportation, including power, fuel and w'ater, 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 imDrovcmcnt as specified in said notice inviting see,led 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 Analleim wi th Elmer E. Barnett , which said contract was duly made a~ndenterea:-Tnto-on the 1st day of December ,1955 ; and WHEREA3, the said Elmer E. Barnett has furnished all plant, lator, service~iii; -ma-terTa.is~'a.nd 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 speoifications, plans and drawings, of said public improvement as specified in the notke inviting sealed proposals and in the detail, d~sign, plans, pro- files, dra1,>,ings and specifications prepared by ___________ .ald City E.I'!K~_n_ee~_.___, and the contra,ct made and entered into with him by the City of Anaheim; and l\fHEREAS, the Ci ty Engineer has duly certified to the construction and completion of said public improvement hereinabove menticned and described in accordance with the plans and speclfic- ations and the contract documents duly made and entered into with se.id Elmer E. Barnett _____; and WHEREAS, the City Council finds that said contractor haa completed said pUblic improvement hereinabove more particularJy 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. -2- - ..-- NOW, THEREFORE, BE IT RESOLVED by the City Council of tIle City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all "fork necessary to construct, install and oomplete 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 t~e time of such payment. AND BE IT "URTHER 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!4th day of February , 19 .56 "" .. < ,') " ~' ,.. ", ~:' ,'c/ir- ~ ~-? .~__-l--r::- HAYOR OF -'1' E~ ~i'y OF ANAHEIM J.TTEST: ~~L'-- ._-~){ :/ u ~~/e.L'<"" nLV 'JITY CLERK OF t:rE -crr:{ Or-AI\fAHEIN. -3-- STATE OF CALIR:liNIA ) COUNTY OF CJWGE ) 55. CITY OF ANAHEIM ) I, DElE M. WILUAMS, City Clerk of the City of Anaheim, do hentby certify that the foregoing resolution was adopted upon a final readil'l9 at a regular meeting of the Ci ty Council of the City of Anaheim, held on the 14th day of February, 1956, by the following vote of the aeJllbers thereo f a '"" AYES a CWtCILMENa Pearson, Fry, Schutte, and Wisser. J<<>ESa COUK:ILMENa None. ABSENT a CCUlCIlJIl\Na Van Wagoner. AND I FURTHIR CERTIFY that the Mayor of the City of Anaheia app/rOVed and sigJled said resolution on the 14th day of February, 1956. IN WITlESS WHBlEOF, I have hereunto set ay hand and affixed the sed of the City of Anaheim this 14th day of February, 1956. /, .-... ~'j--' . . ,,<L-c-~ IX _~ CITY Cl.I!RK OF mE ITY OPAI(AHEIM (SaAL) ~-