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1961-6911A 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 ILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT THE MILLER STREET SEWER IMPROVEMENT, FROM ANAHEIM ROAD TOORA` �r IN THE CITY OF ANAHEIM. JOB NO 120:. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of grl ral circulation,. printed, published and circu °���at d in the City of Anaheim, to wit a January 3 The Anaheim 1 et i .T oon anuar 2 and 1 19 a no I ce inv ng sea re propose o s ng fo owing: 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 following public improvement, to wit: The Miller Street Sewer Improvement, consisting of the construction of a 10 -inch V.C.P. sewer line in Miller Street, from Anaheim Road to Orangethorpe Avenue, in the City of Anaheim, including excavation, backfill and flooding, construction of manholes and laterals, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 1208; in accordance with the designs, plans, profiles and specifica- tions prepared by tin E._,Piersall Cit Engineer and the notice inv sea ed propose a f which said notice specified that seal -d pr•posa1s as specified in said notice would be received up until 2 :00 ovclock P.M. of the 9th day of Febr uary Wb'1 and which said notice did state an ec are that, pursuant to the provisions of Section 1770 of the Labor Cod c the City Council of the City of Anaheim had ascertained the prevailing rat 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, on Februar D 1961 at the hour of 2_ :00 o 9 clock o, t: ea°k an ity Engineer of RESOLUTION NO. 6911 the 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, a;rd performing all work neces- sary 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, the public improvement hereinabove more parti- cularly described and set forth, in public, in the City Council Chamber in the City Ha11, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report tc tho 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 14th day of Fe r=1-77=="7 D 19 61 at the hour of :00 ogclock cons er the sealed proposals submitted or nishing the materials 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 rave if TOT construction, insta Miller St e- ewe! ere nabove mentioned and descr bed, was the owest responsib_e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said LEO WEILER COMPANY. 10616 Stanford Avenue Garden Grove California or furnishing al plant, labor, services, ma Or a an equ p- 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 LEO WEILER COMPANY which said contract was •u y ma •e an entere• n on .e 16th day of February 19 61 and WHEREAS, the said LEO WEILER COMPANY has furnished all plant, labor, services, ma er a s an equ pment 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, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, designsa,plans, profiles, drawings and specifications pre- pared by Thornton E. Piersal I Cit En in -er and the contract ma •e an en ere n o w it s y +e City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said LEO WEILER COMPANY 10616 S anford Avenue Garden Grove California and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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 accord- ance with the contract documents° -2- NOW THEREFORE, BE IT RESOLVED by the City Coundil of the City of Anaheim that 11 p1ant labor services, materials and equipment and all utilities and t:rLanspsrtation 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 thew City of Anaheim, together with the appurtenances theret 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 subJeot, 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 std work ses evidenced by the adoption of this resolution but not sooner than thirty (30) days after the date of the filing of notic ,f eompletion excepting only such sum or sums as may lawfully be witah1d in accordance with the provisions of said contract and contract documents. That acceptance by the con- tractor of said paymente made in accordance with aid final estimate shall operate and shall h r-1 ase to the City of Anaheim its of,ficera agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld >r for anything relating to the work or any act or neglect of the City, its officers, agents and employees, /cc -pting only claims against the City for any amount: withheld by th City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anahe1 be -n,d th. -.y are h=srmby authorized to execute and file a notic of completion of said work as required by law. ATTEST (SEAL) -3- NOES: COUNCILMEN:: None THE FOREGOING RESOLUTION is approved and signed by me this 16th day of M 19 61 0 STATE OF CALIFORNIA COUNTY OF ORANGE ss0 CITY OF ANAHEIM 1 DENE M WILLIAMS 9 City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the ity of Anaheim, held on the 16th day of May 9 19 61 9 by the following vote: AYES COUNCILMENa Chandler, Fry, Thompson and Schutte ABSENT: COUNCILMEN: Coons AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and sign -d said resolution on the 16th day of May 19 61 IN WITNESS WHEREOF, 1: have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day 0f 9 19 61 0