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1955-2944RESOLUTION NO. 2944 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: 18" AND 18K WATER LINES ALONG BALL, LOARA CRONE, WORK ORDER #1336. 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 3Qth day of June, 15;55 and the 7th, day of July 19 55 a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials (except those to be furnished by the City, as set forth in the specifications) and equipment, and all utilities and transportation, in- cluding power, fuel and water, and perform 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: The construction, installation and completion of an eighteen (18) inch steel cylinder concrete water line, with valves, fittings and all appurtenances, from the intersection of Ball Road and the northerly extension of West Street, westerly along Ball Road to the intersection of Ball Road and the southerly ex- tension of West Street; and the construction, installation and completion of a sixteen (16) inch steel cylinder con- crete water line, with valves, fittings and all appurte- nances, along Bali Road from said last above mentioned point to Loara Street, thence northerly along Loara Street to Crone Avenue, thence westerly along Crone Avenue to Euclid Avenue, in the City of Anaheim, Work Order No. 1336. Said public improvement to be completed on or before thirty days from and after date of execution of contract. in accordance with the designs, plans, profiles and specifications prepared by _Ate Su erintendert 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 the 12th day of July 19 55 and which said notice did state and declare hat, 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, at a regular meeting of the City Council held on the 12th day of July 19 55 at the hour of 7:00 o 1 clock P.M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and eqai and all utilities and transportation, in- clud.i.z, pow PT, fael. ar 1 irntor, mid pei-forming n11 work necessary -1- 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 apmerfa te a,.• for examination, to ulation and report to the City Council, and said Watt did thereupon examine an tabulate said sealed proposals and report the result of his tabulation to the City Council; and JIIEREAS, the City Council did meet in regular session on the _2.2t11 day of j ly 19 at the hour of c 7:00 otclock P.M to on:sider tie sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Su erintendent of of the City of Anaheim did euppon make report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by eerless Concrete Pine Corporat ion, P G,, Bo 4 5 t r if. for construction, installation and comp etion of said l8n and 16tt water 1ne�,T,Q. �yo. 13 hereinabove mentioned and described was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said Peer r- ''.e Coroorat_ for furnishing all plan 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 said Peerless Concrete Pi •e Cor oration which said contract was duly made and entered into on t e 15tla day of July 19 55 and WHEREAS, the said Eg 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 said ..S,APPa i..nt e., e and the contract made and entered into with ft by t e City of Anaheim; and WHEREAS, the Superintendent of Light Power 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 Peerless Concrete ipp_ orporat i on 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 tiie 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 purtenances thereto of sa.d public improvement 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 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 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 g. 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 RESOL'TED 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 RESOLUITCN was signed and approved by me this 27th day of September 19 55 ATTEST: C. CITY CLERK CF EIE CITY OF ANAHEIM c MAYOR OF THE C t A J ITY 0 �.NA STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DINE 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 27th day of September, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pearson, Fry, Schutte, Wisser, and Van Wagoner. None. None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 27th day of September, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of September, 1955. CITY CT1m OF THE CITY OF ANAHEIM