59R-5088
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RESOLUTI ON NO. 5088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ABABEIK FINALLY ACCEPTING THE COKPLETION AND THE
FURNISHING OF .ALL PLANT, LABOR, SERVICES, JU-
TERIALS AID EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INOLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
CONSTB.UC~IOll OF STORK DB.A..nTS AT THE IJlTRRSlilCTIOJ:
fir~lJ~:.t:, T~~. A~~;~T~~~S~gI~~R6~ ~6:H alP
PALM STUlTS. JOl3 110. 448.
WHEREAS, the City Counoil of the City of Anaheim aid
oause to be published in a newspaper of general oirculation,
printed, published and oiroulated in the City of Anaheim, to wit:
'!'he Anaheim Gasitte,~, on the 215th of Sept. and tb.e 2nd of OetQ982:. ,
19~, a notice inviting sealed proposals for furnishing the
following:
All plant, labor, services, IUterials and equipment,
and all utilities and transportation, ineludinc
power, :fuel and water, and performing all work
neoessary to construct and complete in a good and
workmanlike manner, in striot aocordance with the
specifications, plans and drawings therefor on
file in the offioe of the City Engineer or City
Clerk of the City of Anaheim, the following publi,o
improvement, to wit: The oonstruction of a storm
drain at the intersection of South and Lemon Streets,
on the north side of South Street, including paving,
repairing curb and sidewalk, and appurtenant work
as indicated on the plans; also the construction
of a storm drain at the intersection of South and
Palm Streets, including excavation, construction
of concrete pipe, backfill and resurfacing, con-
struction of catch basins, and appurtenant work as
indicatei on the plans, Job No. 448;
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in accordance with the designs, plans, prOfiles and specifica-
tions prepared by G.or~. E. Holvoka, Oity Rn.i.AA?
and the not~ce ~nv~t~ng sea1ed proposa1s. whioh B~d not~c. speci-
fied that sealed proposals as speCified in said notice would be
reoeived. up until 2:00 01 eloek P.K. of the 9th day of
OctOBer , 19~, and which said notioe did state and
declare that, pursuant to the provisions of Section 1770 of the
Labor Oode, the Oity Council of the Oity of Anaheim had ascertained
the prevailing rate of wages for each type of labor needed to exe-
oute said contract and did set forth the prevailing hourly wage
scale so asoertained; and
WHEREAS, on October 9 , 19-2!.., at the hour of
o'olook P.M., the Oity Olerk and City Engineer of the
2:00
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Oity of Anaheim did open said sealed proposals received up to that
time for the furnishing of all plant, labor, servioes. materials
and equipment, and all utilities and transportation. including
power. fuel and water. and performing all work necessary to con-
struct 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 Oity of Anaheim.
the public improvement hereinabove more particularly described and
set forth. in public. in the Oity Oouncil 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 Oouncil
at its next regular meeting; and
WHEREAS, the City Council of the City of Anaheim did. at
its next regular meeting. held on the 14th day
of October . 19~. at the hour of 7:00 o'clock P.H..
consider the sealed proposals submitted for furnishing the materi-
als and performing the work hereinabove more partioularly desoribed
and set forth. and did thereupon find and determine that the sealed
proposal submitted by PEERLF.SS CONCRETE PIPE CORPORATIOloi,
P.O. Box 384. Santa Ana. California
for the construction, installation and completion of said ~orm
drains at South & Lemon Ste.. and at South & Palm Sts.. Job 1I0. ....8 .
hereinabove mentioned and desoribed. was the lowest responsible
proposal submitted therefor. and thereupon accepted said bid and
did award a contract to said PEERLESS CONCRETE PIPE CORPORATION
for furnishing 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. the said pUblic improvement as
speoified in said notice inviting sealed proposals. and did author-
ize the Mayor and the City Clerk of the City of Anaheim to execute
a oontraot for and on behalf of the City of Anaheim with
PEERLESS CONCRETE PIPE CORPORATION
which said contract was duly made and entered into on the 15th
day of October . 19~; and
WHEREAS. the said PEER4ESS CONCRETE PIPE CORPORATION
has furnished all
plant. labor, services, materials and equipment and all utilities
and transportation. and performed all work necessary for the oon-
struction and completion, in a good and workmanlike manner, in
striot accordance with the specifications, plans. drawings. of said
public improvement as specified in the notice inviting sealed pro-
posals and in the detail, design. plans, profiles. drawings and
specifications prepared by George E. Holyoke. City Engineer
>> and the contract made and entered
into with it by the City of Anaheim; and
WHEREAS. the Citv Eniineer has dull
certlfled to the constructlon and completlon of sald publlc improve-
ment hereinabove mentioned and described. in accordance wlth the
plans and speoifications and the contraot documents duly made and
entered into with said PF.F.RT~SS CONCRETE PIPE CORPO~TION
; and
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WHEREAS. the City Council finds that said contractor has
completed said pUblic improvement hereinabove more particularly de-
scribed in accordanoe 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 oontractor authorized in aocord-
ance with the contraot 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 utll1ties and transportation. and the performance
of all work necessary to construct~ install and complete. in a good
and workmanlike manner 9 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, together with the appurtenances
thereto, said pUblic improvement hereinabove more particularly de-
scribed 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= f1 ve <:35} dBJ's from and after final aooeptance 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 notioe of oom-
pletion. exoepting only such sum or sums as may lawfully be withheld
in aooordanoe with the prOVisions of said oontract and contract
documents. That acceptanoe by the contraotor of said payments made
in accordanoe 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 oontractor 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 em-
ployees. 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 10th day of ~ March , 192L..
ArfST ~
~p ~~. n-/A~
CITY Cr.; OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUITY OF ORANGE ) sSG
CITY OF ANAHEIM )
IF DENE M. ~TLLTAMS . City Clerk of the City of
Anaheim. do hereby oertify that the foregoing resolution was intro-
duced and adopted at a ------- regular meeting provided by law
of the City Council of the City of Anaheim. held on the loth day
of March >> 19~, by the following vote:
AYES~ OOUNCII...HEN: Borden, Fry, Pearson and Schutte
(j t ~)~L;U
MAt'OR O~ THE ITY OF ANAHEIM
NOES:
aOUNCIlJ(EN: None
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ABSENT: COUNCII...HEN': Coons
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the loth day of
MRrch 9 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this lOth day of
M..,.."h . 19~.
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~ k~~Z-~~~~
CITY CLERK OF HE CITY OF ANAHEIM
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( SEAL )