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1955-2988RESOLUTION NO, 2988 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 NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: COi S CTIOU 02 A 16" 1 :I"_ T: LINE FR O1: TiI!., INTO -a AJ „CTIOi 02 CRONE D UCLID ALONG =WOOD ST. TO ORANGE AVE.. T 1 E T AVE. T r o AVE., 0.� .;LIB 1v �:.u� OI1 }ER ��o. 13 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 Bulletin, on the 15th day and the 21st day of Jul 19 55 a notice inviting sealed proposals for furnishing the foliowing: All 'Plant, labor, services, i aterials (except t`Oose to be furnished 'hy the City, as set forth in the sp eifications) and equipment, and all utilities and _.cans ;ort t Ion, '_nclud- in newer, iel and beater, and :e in all ?fork nccessc to construct and coY te, in a ',00d and workmanlike manner, in strict accordance with tho -1&ns cif"! cat:i s en file in the 0 ffice of the City Clcrk of the City of rnaheizmm, the folio-II -lic improveraent, to wit: '2he construction, installation and com =-lotion of a sixteen (16) inch} steel cylinder concrete water line, ti ith valves, fittin`;s and all appurtenances, extending from the intersection of Crone and Euclid Avenues westerly alon Crone Avenue to Nutwood Street, thence northerly alon iutwood Street to Oran e Avenue, t pence westerly a.1on 0ran e Avenue to i a:;nolia Avenue, Work Order ITo. 1349. in accordance with the designs, plans, profiles and specifications prepared by the Superintendent of Light, Power and :Water, and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notice would be received up until 7 :00 o'clock P.M. of 26th day of July 19 55 and which said notice 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 WHEREAS, at a regular meeting of the City Council heli on the 26th day of July 19 55 at the hour of 7:00 o'clock P.M. of said date, said City Council did hold a pu'lic hearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and equipment, and all utilities and transportation, in- cluding 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 Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the jivaerintendcnt of L___,ht Power a )d Water for examination, tabulation and report to the ity Council, and said S erintendent of Power and Water did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 26th day of July 19_55___, at the hour of _7 :O0 otclock P.I. to consider t e sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Su}aerintendent of Power and ,later of the City of Anaheim did tereupon 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 3eju_c Construc- tion Co many, a Partnership, 72)j1 Oran ,ethor e Avenue Buena P for tie construction, installation and completion of said. SIXXTJ _LL) INCIT ME A./1 hereinabove mentioned and described was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said Eejac Construction Connany 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 Be j ac Con s w.ruc ti on Corioany which said contract was duly made and entered into on the day of Ju1r 19 55 and WHLREAS, the said Beia_c Construction anv has furnished all plant, labor, services, materials and equip- ment 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 and drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by saic?. Superintendent of Lint Power and Water and the contract m and entered into it by t e City of Anaheim; and WHEREAS, the Superintendent of Li,:ht Po?Ter and Water has duly certified to tie construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said ej ac Construction Co- pany and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particul- arly 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 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 ap purtenances thereto of said public improvernent 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 At 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 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 re- quired by law. THE FOREGOING RESOLUIICN was signed and approved by me this 8th day of November 19 55 ATTEST: ✓ITY CL ,RK CJ:' 1`'E CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City Of Anaheim, do hereby certify that the foregoing Resolution was adopted upon a final reading at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of November, 1955, by the following vote of the rembers thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap- proved and signed said Resolution on the 8th day of November, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of November, 1955. CITY CLERK OF THE CITY OF ANAHEIM