Loading...
59R-5034 -- - 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, -- 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 -1- ,,~"" 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 , 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. -2- ,."--' 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 -- 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 -}- ( SEAL )