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1955-2904RESOLUTION NO. 290)1 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 Ai1D WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: CONSTRUCTION OF 18" WATER LINE ALONG BALL ROAD FROM APPROX. 2300 WEST OF PLACENTIA AVE. TO APPROX. 1081 WEST OF PLACENTIA AVE. W.O. #1339. 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 18th day and the 23rd day of June 19 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, including power, fuel and water, and perform all work necessary to construct and complete in a good and workmanlike manner, in strict accord- ance 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 construc- tion, installation and completion of an eighteen (18) inch steel cylinder concrete water line, with valves, fittings and all appurtenances, along Ball Road from approximately 2,300 feet west of Placentia Avenue to approximately 4,108 feet west of Placentia Avenue in the City of Anaheim, Work Order No. 1339. in accordance with the designs, plans, profiles and specifications prepared by George Oelkers, Supt. 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 28th day of June 19 55, and which said notice did state and aeclare that, 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 sn.id 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 28th day of June 1955 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 received up to that time, for furnishing of all plant, labor, services, ma- terials and egiii and all utilities and transportation, in- cludir��; Lower, f5ae1. arid- t rater, and pet-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 Superintendent of Limit, Power and Water for examination, tabulation and report to the C Council, said Superintendent of Light Power and Water did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Council; and -2- WHEREAS, the City Council did meet in regular session on the 28th day of June 19_55_, at the hour of 7 :00 o'clock P.M. to consider tie seale proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the superintendent of Ji,Rht,,,_Power and Water of the City 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 PEERLESS CONCRETE _kitL QQQPQI ATION P.0 384 SANTA ANA, CALIFORNIA, for the construction, installation and completion of said. l8 Water _line along Ball Road W. 0. No. 139 hereinabove mentioned and described was the low responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said PEERLESS CONCRETE PIPE CORPORATION for furnishing all plant, labor, 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 CONCRETE PIPE CORPORATION which said contract was duly made and entered into on t e 1st day of Jule 19 and WHEREAS, the said PEERLESS CONCRTE PIPE CORPORATION 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 the Superintendent of Ligh� Power and Water and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Superintendent of Light Power and Water has duly certified to tYie'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 Pipe CorQoration and :TIREAS, 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. 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 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. 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 23rd day of August 19 55 ATTEST: CITY CLE X OF E E CITY OF ANAHEIM MA •R OF THE iY OF ANAHEIM PRO TEM (B STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENS M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was adopted upon a final read- ing at a regular meeting of the City Council of City of Anaheim, held on the 23rd day of August, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: Fry, Schutte, Wieser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Pearson. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap- proved and signed said Resolution on the 23rd day of August, 1955. IN WITNESS WHERAF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of August, 1955. )11_ 6/ CITY CLERK OF THX CITY OF ANAHEIM