Loading...
57R-3684 -- 3684 RESOLUTION NO. ,-. A RESOLUTION OF THE CITY COUNCIL OF T!~ CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, 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: A 4-MILLION GALLON EARTH EMBANKMENT TYPE, STEEL ROOF, WATER STORAGE RESERVOI~ TO BE LOCATED NEAR THE S.E. COID4.1!;l( OF LA PALMA A NUE AND WEST STREET, WORK ORDER NO. 1409. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general oi-culation, printed, pUblished and ciroulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 11th and 16th days of May , 19 r:;6 ,a notioe inviting sealed proposals for furnishing the following: All plant, labor, servioes, 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 plans and specifications on file in the office of the City Clerk of the City of Anaheim, the following public improvement, to wit: A 4-million gallon earth embankment type, steel roof, water storage reservoir, including all appurtenant work, to be looated near the South- east eorner of La Palma Avenue and West Street, Work Order No. llt09. (The principal items of work include the follow- ing approximate quantities: 19,000 cu. yds of excavation, 3,000 cu. yds. of compacted earth embankment, 9,700 cu. yds. of imported clay lining compacted in place, 5,200 sq. yds of 3-in. thick asphaltic ooncrete pavement inside reservoir, 3,400 sq. yds. of 3-in. thick asphaltic concrete paving out- side reservoir, 101 tons of structural steel, 36 tons of galvanized corrugated metal roofing, 333 cu. yds. of rein- forced concrete and 865 line ft. of chain link fencing.) in aooordanoe with the designs, plans, prOfiles and specifioations pre- pared bY~~M....~t;.Qtuler~. 'C~q!1!lling EAoineer and the notioe inviting sealed proposals, which said notice speoified that sealed proposals as speoified in said notice would be received up until 7:00 o'clock P.M. of the 22nd day of May , 19 56 , and which said not 1ce did state and deolare that, pursuant to the provisions of Seotion 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 execute said contract and did set forth the prevailing hourly wage soale so asoer- tained; and ...... WHEREAS, at a regular meeti~. of the City Council held on the 22nd day of May , 19~, at the hour of 7: 00 o'clock P.M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals reoeived up to that time, for furnishing of all plant, labor, services, materials,and equipment, and all utilities and transportation, including power, fuel and water, and per- -1- forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the speoifioations, plans and drawings therefor on fila in the office of the City Olerk .~ of the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the Ci ty Envineer for examination tabulation and report to the Oity Oouncil, and said City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Oouncil; and WHEREAS, the City Oouncil did meet in ad~ourned regular session on the 29th day of May , 19 _6 ,at the hour of 7:00 o'olock P.M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more partioularly described and set forth, and the City Engineer of the Oity of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by E. H. PENN CONSTRUCTION COMPANY for the construction, installation and completion of said 4-million gallon water storage reservoir,near La Palma and West, W.O. No. 1409 hereinahove mentioned and described was the lowest responsible pro- posal submitted therefor~ and thereupon accepted said bid and did award a contract to saldJ:,;. H. Penn Construction Company 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 speoifioations, plans, and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the Oity Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with E. M. PENN CONSTRUCTION CO}~ANY , which said contraot was duly made and entered into on the__~st day of June 192.2.-; and WHEREAS, the said E. 1>1. PENN CONSTRUCTION CQ!.IP ANY has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work neoessary 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 notioe inviting sealed proposals and in the detail, design, plans, profiles, drawings and speoifications prepared by James III. I,Iontp;omery, Consulting Engineer , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer has duly oertified to the construction and oompletion of said public improvement hereinabove mentioned and desoribed in accordanoe with the plans and specifications and the contract documents duly made and entered into with said E. M. Penn Construction Com~any ; and . WHEREAS, the City Oounoil finds that said contractor has oom- pleted said public improvement hereinabove more partioularly described "-- in aooordance with the provisions of the oontract and the contraot documents, and that notioe of completion should be filed and payment of the balance due said oontraotor authorized in acoordance with the contract doouments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment -2- -- and all utilities and transportation, and the performanoe of all work neoessary to oonstruot, install and oomplete, in a good and ~ workmanlike manner, in striot aooordanoe with the speoifioations, plans and drawings therefor on tile 1n the oftice of the Oity Olerk ot the Oity of Anaheim, together with the appurtenanoe. thereto of said publio improvement hereinabove more partioularly desoribed and set forth, in the Oity of Anaheim, by said oon- traotor, be, and the same is hereby, a~oepted,"subJeo~, neverthe- leS8, to all the terms, oonditions and provisions of the oontraot doouments, and that the balanoe due said oontraotor for said work be paid to it thirty-f'i VI ('5) days from and after :final aooeptanoe of said work as evidenoed by the adoption of' this resolution, but not sooner than thirty ('0) days after the date of the filing of' notioe of oompletion, exoepting only suoh sum or BumS as may lawfully be withheld in aooordanoe with the pro- visions of said oontraot and Qontraot doouments. That aooeptanoe by the oontraotor of said payments made in aooordanoe with said final estimate shall operate and shall be a release to the Oity ot Anaheim, ita oftioers, 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 aot or neg- lect of the Oi ty, its offioers, agents and employ.ees, exoepting only olaims against the Oity for any amounts withheld by the City at the time of suoh payment. 4ND BE IT FURTHER RESOLVED that the Mayor and the Oi ty Clerk of the Oity of Anaheim be, and they are hereby, authorized to exeoute and file a notioe of oompletion of said work as required by law. . THE FOREGOING RESOLUTION was signed and approved by me this 29th day of January , 19 57 . -~~~~ ATTEST: ~L~Ofr~AHEIM ..-- -"",,- -)- .,,", - STATE OF CALIFORNIA COUJll'Y OF OIAlGE CrrY OF ANAHEIM ) )ss. ) I, DENE M. WILLIlUS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was duly paned. and adopted at an adjourned. regular meeting of the City Council of the City of Anaheim, held on the 29th day of January, 1957, by the following vote of the members thereof: AYE: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOE: COUNCILMEN: None AESENI': COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 29th day of January, 1957. IN WITNESS WHEREOF, I have hereunto set ray hand and affixed. . the seal of the City of Anaheim this 29th day of January, 1957. .---. i ' r ...,., < s-_. - . ~~ /-/1. 2v/~ CITY CLERI: OF THE CITY OF ANAHEIM (SiAL) ..-..... --