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58R-4456 - .,,-... RE80LUTI ON NO. 4456 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRAN~ PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE BROOKB.UR~T STRRRT SEWE~ IMPROVEMENT. FROM BROADWAY TO 60 FEET NORTH:$RLY. JOB NO. 1117. WHEREAS, the City Council of the City of Anaheim aid oause 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 16th and 23rd days 01' January , 19~, a notioe inviting sealed proposals for furnishing the following: All plant, 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 accord- ance with the specifications, plans and drawings therefor on file in the office 01' the City Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: The Brook- hurst Street Sewer Improvement, from Broadway to 860 feet northerly, consisting of the construction of a V.C.P. sewer lateral in Brookhurst Street from Broadway to 860 feet northerly, including trenching, manhole construction, backfill, re- surfacing and appurtenant work, as indicated on the plans, Job No. 1117, .- in aooordanoe with the designs, plans, profiles and speoifioa- tions prepared by Geor~e E. Ho~ynkA, Ci~7 F.nginAA~ and the notice 1nviting sealed proposals, which sald notice speci- fied that sealed proposalS as specified in said notioe would be reoeived up until 2:0~ o'clook P.M. of the ,Oth day of January ,19 ,and whioh said notice did state and declare that, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Counoil of the City of Anaheim had asoertained the prevailing rate of wages for each type of labor needed to exe- oute said contraot and did set forth the prevailing hourly wage soale so asoertained; and WHEREAS, on JanuarY 30 , 19....sL, at the hour of 2:00 o'olock P.M., 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 Offioe 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 ai'ljnn-rnAi'l regular meeting; and WHEREAS, the City Council of the City of Anaheim did. at its next adjourned regular meeting, held on the )1'1:1-1 day of February . 19~, at the hour of 7:00 o' clock P.ll., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by LEO WEILER COMPANY. 10616 Stanford Avenue. Garden Grove. California for the construction, installation and completion of said BROOKHURST STREET SEWER IMPROVEMENT. JOB NO. 1117 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon aocepted said bid and did award a contract to said LEO WEIT~R COMPANY, 10616 Stanford Avenue. Garden Grove. California 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 aocordanoe with the speoifications. plans. and drawings. the said pUblic improvement as specified in said notice inviting sealed proposals. and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a contraot for and on behalf of the City of Anaheim with LEO WEIT.RR COMPANY, 10hlh R+:Qnf'n1"n A'T"",.,""", ~'t'Q9g G-rnvA, (lal1f_ whioh said contract was duly made and entered into on the 6th day of Fahl"'llary , 195a-.; and ; and WHEREAS, the City Council finds that said contractor has completed said pUblic improvement hereinabove more partioularly de- scribed in accordance with the prOVisions of the oontraot and the oontract doouments, and that notice of completion should be filed and payment of the balance due said contraotor authorized in aocord- ance with the contraot documents. -2- - - NOW, THEREFORE 9 BE IT RESOLVED by the Oity Counoil of the City of Anaheim that all plant. labor. servioes~ materials and equipment and all utilities and transportation, and the performanoe of all work neoessary to construot, install and oomplete, in a good and workmanlike manner. in striot aooordance with the speoifioa- tions, plans and drawings therefor on file in the Offioe of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto. said publio improvement hereinabove more partioularly de- soribed and set forth, in the City of Anaheim. by said oontraotor, be, and the same are hereby acoepted, subJeot, nevertheless, to all the terms. oonditions and provisions of the oontraot doouments~ and that the balance due said oontraotor for said work be paid to it thirty-five (35) days from and after final aooeptanoe 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 aooordance with the prOVisions of said contraot and oontraot doouments. That acoeptance by the contraotor of said payments made in aooordanoe with said final estimate shall operate and shall be a release to the Oity of Anaheim. its offioers. agents and employees from all claims and liabilities due the oontraotor for anything done or furnished or withheld or for anything relating to the work or any act or negleot of the Oity. its offioers. agents and em- ployees. excepting only claims against the Oity for any amounts withheld by the Oity at the time of suoh payment. AND BE IT FURTHER RESOLVED that the Mayor and the Oity Olerk of the City of Anaheim be, and they are hereby authorized to exeoute and file a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of Ap:r~ ] . 19..,SlL.o ~.. ;l/.~~/~..~J ~fo;~ OI~ AT~T: A~~L h. ~/~...._..: ~_ CI'l'Y OLERK OF THE OITY OF ANAHEIK STATE OF CALIFORNIA } COUITY OF ORAllGE } ss. CI'l'Y OF AKAHEIK } I. DENE M. WILLIAMS . City Olerk of the City ot Anaheim, do hereby certify that the foregoing resolution was intro- duoed and adopted at a regular meeting provided by law of the Oi ty Oounoil of the City of Anaheim. held on the 8th dal of April >> 19~. by the following vote: AYES: NOES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser COUNCILKEN: None ,,"'-"- ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor Anaheim approved and signed said resolution on April , 19~. IN WITNESS WHEREOF. the offioial seal of the City A,p:r11 . 19~0 of the City of the 8th day of ( SEAL ) I have hereunto set my hand and affixed of Anaheim this 8t:h day of ~ A-.*~J'~.~Mm I . C RIC OF OI'l'Y F Jt -}-