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59R-5088 - ,,-- 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; ."..-. 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 -1- - ",,--.. 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 , - 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. -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 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 .-. 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~. / / ~ --- ~ k~~Z-~~~~ CITY CLERK OF HE CITY OF ANAHEIM -3- ( SEAL )