58R-4703
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RESOLUTION NO. 4703
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 EQ,UIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE LOS A.HGELES STREET SEWER IMPROV1l!Mlillll'l' f FROM
MIDWAY TO 600 FUT SOUTH OF BAT.T. ROAD. JOB NO. 1127.
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 30th day of Avril and 7th dav of KaY,
19~, a notice 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 acoord-
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
following public improvement, to wit: The Los
Angeles Street Sewer Improvement, from Midway to
600 feet south of Ball Road, consisting of the
construotion of a V.C.P. sewer lateral in Los
Angeles Street, from Midway to 600 feet south of
Ball Road, including manhole construction, replacing
existing pavement, clearing of right-of-way, and
appurtenant work as indicated on the plans, Job
No. 1127,
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in accordance with the designs, plans, prOfiles and specifica-
tions prepared by ~eor.. E. Holyoke. City Engineer.
and the notice inviting sealed proposals, whioh said notice speci-
fied that sealed proposals as speoified in said notioe would be
received up until 2:00 o' olock P.M. of the 15th day of
"v , 19...5L, and whioh said notice did state and
deolare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Counoil of the City of Anaheim had asoertained
the prevailing rate of wages for eaoh type of labor needed to exe-
oute said oontraot and did set forth the prevailing hourly wage
80ale so asoertained; and
WHEREAS, on May l'5th , 19.5i..-, at the hour of
2:00 o'olook P.M., the City Clerk and City Engineer of the
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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 oon-
struct 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 particularly desoribed 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 adjourned regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next adjeurJied regular meeting, held on the 20th day
of x.,y , 19-5JL, at the hour of 7:00 o' clock P.M.,
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 WlUUilR COMPAIY, I06l6 Sbnf'ord Aven..,
Gar4en Grove, California,
for the construction, installation and completion of said Los Angeles
Street Sewer la.rovamant. Job Io. 1127. ,
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said LEO WEIT.RR COMPAIY
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 accordance with the
specifications, plans, and drawings, the said pUblic improvement as
speoified in said notice inviting sealed proposals, and did author-
ize 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
WETl.RR COMPANY
whioh said contract was duly made and entered into on the 26th
day of lIa:v , 19--5.i-; and
,
WHEREAS, the said LEO WETT.1i!R COMPAlIY
has furnished all
plant, labor, services, materials and equipment and all utilities
and transportation, and performed all work necessary for the con-
struction and completion, in a good and workmanlike manner, in
striot accordance with the specifications, plans, drawings, of said
pUblic improvement as specified in the notice inviting sealed pro-
posals and in the detail, design, plans, profiles, drawings and
specifications prepared by GeorgA E. HolyorA, Ci~y Rng)n.A?,
, and the contract made and entered
into with it by the City of Anaheim; and
WHEREAS, the City &nD"lll.8er has dull
certified to the construction and completion of said public improve-
ment hereinabove mentioned and described, in accordance with the
plans and specifications and the contract documents duly made and
entered into with said LBO WETT~R COXPAJY
; and
WHEREAS, the City Council finds that said contractor has
completed said pUblic improvement hereinabove more particularly de-
scribed 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 aocord-
anoe with the contraot documents.
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lOW 9 THEREFORE>> BE IT RESOLVED by the Oity Oouncil of the
Oity of Anaheim that all plant9 labor>> servicess materials and
equipment and all utilities and transportations and the performance
of all work necessary to constructs install and complete, in a good
and workmanlike manner9 in strict accordance with the specific&-
tionss plans and drawings therefor on file in the Office of the Oity
Olerk of the City of Anaheims together with the appurtenances
thereto, said public improvement hereinabove more particularly de-
scribed and set forth. in the City of Anaheim, by said contractor,
be, and the same are hereby accepted, subject, nevertheless. to all
the termss conditions and prOVisions of the contract dooumentss and
that the balance due said contractor for said work be paid to 1t
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 co~
pletions excepting only such sum or sums as may lawfully be withheld
in accordance with the provisions of said contraot and oontraot
documents. That acceptance by the contractor of said payments made
in acoordanoe with said final estimate shall operate and shall be a
release to the City of Anaheims its offioerss 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 negleot of the CitYD its Officers. agents and em-
ployees, 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 Oity
Olerk 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 law.
THE FOREGOING RESOLUTION is approved and signed by me
this 1.2th day of A.WNSt. 19-5L.
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i /r/;/> /-:::J /:/
[' /:i~ d~d.::pCi) A ~ .
MAYOR OF THE OIn OF AIADIK
SSe
s City Olerk Of the Oity ot
the foregoing resolution Wal intro-
regular meeting provided by lay
1.2th day
AYES:
OOUNOILKEN: Pearson, Borden, Fry, Schutte and Coons
IOES:
COUHCILKEN: None
,,-..
ABSENT: OOUNCILMEN: None
AND I FURTHER OERTIFY that the Kayor of the Oity of
Anaheim approved and signed said resolution on the 1.2th day of
~llpat , 19..5J!L..o
IN WITNESS WHEREOF. I have hereunto set my hand and affixed
the offioial seal of the Oi ty of Anaheim this 1.2th day of
j,....t , 19.51...-0 /) 'Ju ~.-:- .
(SIAL) ~Rk'OF THE~fl1
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