1960-5849RESOLUTION NO. 5849
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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT
AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT,
TO WIT a THE T)AL.E AVENUE SEWER IMPROVEMENT
FRS BA RO
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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 Gazette 9 on December 21st and 28th
19 a notice inviting sealed proposals for furnishing the
fo 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 specifications,
plans and drawings therefor on file in the office of
the City Engineer or City Clerk of the City of Anaheim,
the following public improvement, to wit: The Dale
Avenue Sewer Improvement, consisting of the construc-
tion of an 8 -inch V.C.P. sewer lateral in Dale Avenue,
from Ball Road to Ravenswood Drive, including ex-
cavation, flooding and backfill, construction of
standard manholes, including excavation and castings,
construction of 4 -inch V.C.P. house laterals, and
appurtenant work as indicated on the plans,
Job No. 1178;
in accordance with the designs, plans, profiles and specifica-
tions prepared by Thornton E. Piersall. City Engineer 9
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2 :00 o P.M. of the 7th day
of Januar 0 9 and which said notice did
state an dec are 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 prevailing
hourly wage scale so ascertained; and
WHEREAS, on January 7 9 19 60 9 at the hour
of 2 :00 ogclock P the City C e k and City Engineer of
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the City of Anaheim did open said 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 performing all work neces-
sary 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 public improvement hereinabove more parti-
cularly described and set forth, in public, in the City Council
Chamber in the City Hall, Anaheim, California, and the City
Engineer did tabulate the result of said sealed proposals and
did make a report to the City Council at its next
regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 12th
day of January 9 19 60 9 at the hour of
oeclock P.M., consider the sealed proposals submitted or
nishing the materials and performing the work hereinabove more
particularly described and set forth, and did thereupon find and
determine that the sealed proposal submitted by BARKLEY PIPELINE
CONSTRUCTION INC. 20 New.ort Avenue Cost
or the construction, insta ation an comp et on o sa Dale
Avenue Sewer Improvement, Job No. 1178,
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said BARKLEY PIPELINE CONSTRUCTION. IJ'C.
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 BARKLEY PIP LINE CONSTRUCTION INC.
which said contract was duly made and entered into on the
day of January 9 19 60 and
WHEREAS, the said hass fern 'shed all plant, R 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, designs, plans, profiles, drawings and specifications pre-
pared by Thornton E. Piersall Cit En•ineer 9 and the
contract ma •e and en ere' into w it •y he City of
Anaheim; and
WHEREAS, the City Engineer has duly
certified to the construction and completion of said public im-
provement hereinabove mentioned and described, in accordance with
the plans and specifications and the contract documents duly made
and entered into with said BARKLEY PIPELIN CONSTRUC INC.
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 accord-
ance with the contract documents,
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 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
appurtenances thereto, 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
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 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 completion 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 con-
tractor 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
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.
THE FOREGOING RESOLUTION is approved and signed by me this
1st day of March 9 1960 0
ATTEST:
C CLER F T
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
Y OF ANAHEIM
Is DENS M. WILLIAMS
s City Clerk of the City
of Anaheim, do hereby certify that the foregoing resolution was
introduced and adopted at a regular meeting pro-
vided by law of the City Council of the City of Anaheim, held on the
1st day of March 19 60 by the following vote:
AYES: COUNCILMEN:: Coons, Fry, Pearson, Thompson and Schutte
NOES: COUNCILMEN :c None
ABSENT COUNCILMEN None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 1st day of
,M arc h fl 1962_0
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 1st day
of March s 19 60 0
I CLERK OF THE CITY OF ANAHEIM
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