59R-5034
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RESOLUTION NO. 5034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AlAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MA-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANf>.
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IKPROVEMENT, TO WIT:
CONSTRUCTION OF A STO~1 DRAIN AT THE INTERSECTION
OF BALL ROAD AND DALE AVE~uE, JOB NO. 20e
October,
WHEREAS, the City Council of the City of Anaheim did
oause to be published in a newspaper of general ciroulation,
printed, published and ciroulated in the City of Anaheim, to wit:
The Anaheim n~~tte , on the 2~th day of September and the 2nd pf
19~, 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 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 fol-
lowing public improvement, to wit: The Construction of
a storm drain at the intersection of Ball Road and Dale
Avenue, in the City of Anaheim, including excavation,
construction of corrugated metal pipe, backfill, replacing
of pavement and appurtenant work as indicated on the plans,
Job No. 208,
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in aocordance with the design,~ plans, prOfiles and speoifica-
tions prepared by George ~. tlolyoke, City Engineer
and the notice inviting sealed proposals, which said notice speci-
fied that sealed pr~o~als as specified in said notice would be
reoeived up until :0 ~e o' clock P.K. of the 9th day of
October , 19____, and which said notice did state and
declare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had asoertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
soale so ascertained; and
WHEREAS, on October 9th , 192L-, at the hour of
2:00 o'olock P.K., the City Clerk and City Engineer of the
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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 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 City of Anaheim,
the public improvement hereinabove more particularly 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 Anah~im did, at
its next re~ular meeting, held on the 14th day
of October ,19 8 , at the hour of 7:00 o'clock P.K.,
oonsider 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 PEERLESS CONCRETE PIPE CORPORATION, P.O. BOX
18~. Santa Ana. California
for the construction, installation and completion of said storm
drain at the inter see ti on of Ball Road and Dale Avenue. Job No. 20ti,
hereinabove mentioned and desoribed, was the lowest responsible
proposal submitted therefor, and thereupon acoepted said bid and
did award a contract to said PEERLESS CONCRETE PIPE CORPORATION
for furnishing all plaht, 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 contract 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~j and
WHEREAS, the said PEERLESS CONCRETE PIPE CORPORATION
has furnished all
plant, labor, services, materials and equipment and all utilities
and transportation, and performed all work necessary for the con-
struction and completion, in a good and workmanlike manner, in
striot aocordance 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
specifioations prepared by George E. Holyoke, City Engineer
, and the oontract made and entered
into with it by the City of Anaheim; and
WHEREAS, the City Engineer has d~11
certified to the construction and completion of said public improve-
ment hereinabove mentioned and described, in accordance with the
plans and specifications and the contraot documents duly made and
entered into with said PEERLESS CONCRETE PIPE CORPORATION
; and
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WHEREAS, the City Council finds that said contraotor has
completed said pUblic improvement hereinabove more partioularly de-
scribed 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.
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NOW r THEREFORED BE IT RESOLVED by the City Council of the
City of Anaheim that all plant>> labor~ services>> materials and
equipment and all utilities and transportationD and the performance
of all work necessary to construct>> install and complete, in a good
and workmanlike mannerv in strict accordance with the specifioa-
tions>> plans and drawings therefor on file in the Office of the City
Clerk of the City of Anaheim" together with the appurtenanoes
thereto" said public improvement hereinabove more particularly de-
scribed and set forth" in the City of Anaheim. by said contraotor.
be, and the same are hereby accepted. subject" nevertheless, to all
the terms, oonditions and prOVisions of the contraot doouments. and
that the balance due sal,d contractor for said work be paid to it
thirty=five (35) days from and after final acceptanoe of said work
as evidenoed 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 contraot and oontraot
doouments. That aooeptanoe by the oontractor of said payments made
in aooordanoe with said final estimate shall operate and shall be a
release to the City of Anaheim. its offioers. agents and employees
from all olaims and liabilities due the oontraotor for anything
done or furnished or withheld or for anything relating to the work
or any act or neglect of the City, its offioers. 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 Kayor and the City
Clerk of the City of Anaheim be. and they are hereby authorized to
exeoute and file a notice of oompletion of said work as required
by law.
THE FOREGOING RESOLUTION is approved and signed by me
this lOth day of_ February , 19....2.2-.
A~ST:
~ )y. -zt;~//A ~ ~-AL/
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUITY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, DENE M. WILLI~iS , City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution was intro-
duced and adopted at a ---- regular meeting provided by law
of the City Council of the Oity of AnaheimD held on the 10th day
of February , 19~, by the following vote:
AYES: aOUNOIWN: Borden, Coons, Fry, Pearson and Schutte
~I &J,~1:6
MAYOR OF HE CITY OF ANAHEIM
BOES:
COUNCILMEN. None
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ABSENT: COUNCILMEN. None
AND I FURTHER CERTIFY that the Kayor of the Oity of
Anaheim approved and Si~9ned said resolution on the 10th day of
February ,19 0
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 10th day of
February, j 19~. //!
I~ 7;t. '2J-;;~
CITY CLERK OF THE CITY OF ANAHEIM
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( SEAL )