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58R-4749 - .'- RESOLUTION NO. 4749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AlAHEIK FINALLY ACCEPTING THE OOMPLETION AND THE FURJlISHING OF ALL PLANT, LABOR, SERVIOES, HA- TERIALS AID EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INOLUDING POWER, FUEL AND WATER, A.ND PERFORHING ALL WORK NEOESSARY TO OONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIC IKPROVEMENT, TO WIT: CONSTRUCTION OF A 16-INCH STEF.l r.vl I'NT)FR mNCRFTF WA.TER LI)ffi IN ORANGE AVENlJE, FROM MAr..NOIIA AVF.NlTF. TO. nALE AVEliIUE, ilIORK ORDE:R NO. 1589- WHEREAS, the Oity Counoil of the City of Anaheim did cause to be published in a newspaper of general oiroulation, printed, published and oirculated in the Oity of Anaheim, to wit: 'rhe Anaheim Bulletin, on the 7th anc1l lu.th days of ~ , 19~, a notioe inviting sealed proposals for furnishing the tollowing: All plant, labor, services, materials and equip- ment, and all utilities and transportation, in- cluding 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 of the City Clerk or City Engineer of the City of Anaheim, the fol- lowing public improvement, to wit: The Construction of a 16-inch Steel Cylinder Concrete Water Line in Orange Avenue, from Magnolia Avenue to Dale Avenue, including trenching, construction of pipe, including valves and fittings, flooding, backfill, resurfacing and appurtenant work, as indicated on the plans, Work Order No. 1589, - in accordanoe with the designs, plans, prOfiles and specifica- tions prepared by r..Qorg_ p.T Hnlynk., Ctty ~n~fft..p and the notice inviting sealed propo!.als, which said Ilotice Ipeci- fied that sealed proposals as specified in said notioe would be received up until 2!O~ o' clock P.X. of the 22m.d day of Mav , 19. ,and whioh said notioe did state and declare that, pursuant to the provisions of Section 1770 ot the Labor Oode, the Oity Ooullell of the City of Anaheim had ascertailled the prevailing rate of wages for eaoh type of labor needed to exe- oute said contraot and did set forth the prevailing hourly wage loale so aloertained; and WHEREAS, on Mav 22 , 19~, at the hour of 2:00 o'clook P.K., the City Clerk and City Engineer of' the -1- - - ~ Oity 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 accordanoe with the specifications, plans and drawings therefor on file in the Office of the City Olerk 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 Anaheim did, at its next regular meeting, held on the 27th day of Mav , 19-5.L, at the hour of 7:00 o'clock P.II., oonsider 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 tor the oonstruotion, installation and completion of said 16-INCH STEEL CYLINDER C'.oN'CRETE WATER 1 HIE 111 OR.nfllF. A\fF. , WORR ORDER #1t;BQ>> hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor. and thereupon accepted said bid and did award a contraot to said LEO WEILER COMPANY for furnishing all plaht, labor. servioes, materials and equipment and all utilities and transportation. including power, fuel and water, and performing all work necessary to construot and oomplete, in a good and workmanlike manner. in striot aocordanoe with the speoifications. plans. and drawings, the said pUblic improvement as speoified in said notioe 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 WEILER COMPANY. 10616 Stanford Avenue, Garden Grove, Calffnrnfa whioh said oontraot was duly made and entered into on the 6th day of June , 19~; and , has furnished all plant, labor, servioes. materials and equipment and all utilities and tranlPortation, and performed all work neoessary for the oon- struotion and completion, in a good and workmanlike manner, in striot acoordance with the specifioations, plans, drawings, of said public improvement as specified in the notice inviting sealed pro- posals and in the detail. design, plans. prOfiles. drawings and speoifications prepared by Georae E. Holvoke. City EnQineer , and the oontraot made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer bas dull certified to the construction and completion of said pUblic improve- ment hereinabove mentioned and desoribed. in aocordanoe with the plans and speoifioations and the contraot documents duly made and entered into with said LEO WEILER COMPANY WHEREAS, the said LEO WEILER COMPANY ; and .- WHEREAS, the City Council finds that said oontractor has completed said pUblic improvement hereinabove more partioularly de- soribed in accordanoe with the prOVisions of the contraot and the oontract doouments, and that notioe of oompletion should be filed and payment of the balanoe due said contractor authorized in aocord- anoe with the contract doouments. -2- - .'-'" NOW s THEREFORE, BE IT RESOLVED by the Oity Oounon of the City of Anaheim that all plant>> labors servioes, materials and equipment and all utilities and transportation>> and the performance of all work neoessary to construot, install and complete, in a good and workmanlike manner>> in striot acoordanoe with the speoifica- tions>> plans and drawings therefor on file in the Offioe of the Oity Clerk of the City of Anaheim. together with the appurtenances thereto. said publio improvement hereinabove more partioularly de- scribed and set forth, in the City of Anaheim, by said contraotor, be. and the same are hereby aocepted. subject. nevertheless, to all the terms, oonditions and provisions of the contract documents, and that the balanoe due said contractor for said work be paid to it thirty-five (35) days from and after final acceptance of said work as evidenoed by the adoption of this resolution. but not sooner thaa thirty (30) days after the date of the filing of notioe of oo~ pletion. exoepting only such sum or sums as may lawfully be withheld in aooordanoe with the provisions of said oontraot and oontract doouments. That acceptanoe by the oontractor of said payments made in accordanoe with said final estimate shall operate and shall be a release to the City of Anaheim. its offioers, agents and employees from all claims and liabilities due the contractor 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 e~ ployees, excepting only claims against the City for any amounts withheld by the City at the time of suoh 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 exeoute and file a notice of completion of said work as required by lav. this THE FOREGOING RESOLUTION is approved and signed by me lOth day of Selltember , 19....5lL.. ~~~ MAYOR OF THE CITY OF AJlAHEIX ---- rYST: 1f~c~ o~iY 70'- A.AHEIX STATE OF CALIFORNIA ) aOUITY OF OJWIGE ) SSe CITY OF ANABEIK ) I. DEn M. WILLIAMS , City Clerk of the City of Anaheim. do hereby certify that the foregoing resolution vas intro- duoed and adopted at a regular meeting prOVided by lav of the City Council of the Oity of Anaheim. held on the lOth day of Selltember , 19~>> by the folloving vote: AYES: BOES: OOUNCILKEN: Pearson, Borden, Fry, Schutte and Coons COUNCILKEll; None .-... ABSENT: COUliCILKEB: None AND I FURTHER CERTIFY that the Kayor of the City of Anaheim approved and signed said resolution on the lOth day of Se.tember ,19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of SeDtemher . 19~o j) . (SEAL) ~~F1~MImX -J-