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1954-2599RESOLUTION NO. 2599 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A'•:AHEIM 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 NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IIIPROVEMENT: CONSTRUCTION OF A 000 000-G 0 S s ER STORAGE RESERVOIR ALONG LA PALMA AVFNTTF RRTWRRN CITRON AND WEST STREETS, WORK ORDER NO. 1260. WHEREAS, the City Council of the City of Anaheim did c 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 22nd day and the 29th day of September 1953, 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 neces- sary to construct and complete in a good and work- manlike 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 for the construction of a 3,000,000- gallon surface water storage reservoir along La Palma Avenue between Citron and West Streets, in the City of Anaheim, including all appurtenant work, Work Order No. 1260. in accordance with the designs, plans, prof :ales and specifications prepared by Quinton Engineers, Ltd., Los Angeles and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 8:00 o'clock P.M. of the 13th day of October 19 $3 and which said notice did state and declare that, pursuant to the provisions of Section 1770 of tae Labor Code, the City Council of the City of Anaheim had ascertained the pre- vailing 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 13th day of October 19 5 3 at the hour of 8:00 o'clock P.M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals re- ceived up to that time, for furnishing of all plant, labor, servi- ces, materials and equipment and all utilities and transportation, including power, fuel and titer, and performing all work necessary -1- to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and draw- ings 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 Light, Power and Water of the City of Anaheim for examination, tabulation and report to the City Council, and said Superintendent of the Light, Power and Water Department 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 27th day of October, 1953 at the hour of 8 :00 o'clock P.M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Superintendent of the Light, Power and Water Department of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed pro- posals, and the City Council did thereupon find and determine that the sealed proposal submitted by PENN CONSTRUCTION COMPANY, 3932 North Depot Avenue, Baldwin Park, California, for the con- struction, installation and completion of said 3,000,000 gallon surface water storage reservoir, Work Order No. 1260, herein- above mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said Penn Construction Company 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 com- plete 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 pro- posals, 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 Penn Construction Company, which said con- tract was duly made and entered into on the 28th day of October, 1953; and WHEREAS, the said Penn Construction Company has fur- nished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work neces- sary for the construction and completion, in a good and work- manlike manner, in strict accordance with the specifications, plans and drawings, of said public improvement as specified in the notice inviting sealed proposals and in tlE detailed designs, plans, profiles, drawings and specifications prepared by Quinton Engineers, Ltd., and the contract made and entered into with the City of Anaheim, except for certain repairs to be made thereto as hereinafter more particularly set forth; and WHEREAS, the Superintendent of the Light, Power and Water Department of the City of Anaheim has duly certified to the 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 Penn Construction Company, except for the repairs to be made as hereinafter more particularly set forth; and WHEREAS, the City Council finds that said con- tractor has completed said public improvement hereinabove more particularly described in accordance with the pro- visions of the contract and contract documents, except for making the following repairs: Electrical wiring on engines; Repairs to air release valves; Paving on the east side of the pumphouse building; and Miscellaneous repairs on roof and hatches. which said contractor has agreed to make within sixty (60) days from date of acceptance of the completion of the re- mainder of said public improvement; and that notice of com- pletion should be filed and payment of the balance due said contractor be authorized in accordance with the contract documents, except the sum of 42500.00, which shall be re- tained by the City until thirty -five (35) days after the completion of said repairs and the filing of notice of completion thereof; and WHEREAS, said contractor has agreed to make said repairs hereinabove described and any others that may occur within the time hereinabove mentioned and not heretofore repaired, at its own expense, upon condition that the City will finally approve and accept the work and completion of said project, with the exception of the completion of said repairs, and pay to the contractor the balance due it as provided in the contract documents, except the sum of $2500.00, which sum said contractor shall receive upon the making and completion of said repairs above mentioned. That said contractor has agreed that said sum of 42500.00 may be withheld from the amount due it until the completion of said repairs and the performance by the contractor of all the contractor's obligations with respect thereto, as provided by the plans and specifications and 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 performance of all work necessary to construct, in- stall 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 appurtenances thereto of said public improvement hereinabove more particularly described 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 upon the express condition that said contractor proceed immediately and complete on or before sixty (60) days from date hereof, at its own cost and expense, the repairs hereinabove more particularly mentioned and set forth, and that the balance due said contractor for said work, except the sum of §2500.00, be paid to him thirty -five (35) days from and after final acceptance of saia 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 be law- fully withheld in accordance with the provisions of said contract and contract documents and excepting said sum of 42500.00 above mentioned, which shall be withheld until thirty -five (35) days after the making and completion of the repairs hereinabove mentioned and described and the acceptance thereof by the City, and the filing of a notice of completion of said repairs. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate as and shall be a release to the City of Anaheim, its officers, agents and employees of and from all claims and liabilities due the contractor for anything done, furnished or withheld or for anything re- lating 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 required by law. THE FOREGOING RESOLUTION is signed and approved by me this 14th day of December, 1954. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM. MAYOR 0 E CI OF ANAHEI AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, California, DO '-IEREBY CERTIFY 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 14th day of December, 1954, by the following vote: 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 14th day of December, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of December, 1954., .(SEAL) City Clerk of the City of Anaheim, California.