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63-0135RESOLUTION NO. 63R135 A 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 AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: A STEEL RESERVOIR TANK, NEAR THE OLIVE HILLS RESERVOIR, IN THE CITY OF ANAHEIM, WO RK ORDER NO. 4083. 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 August 30, and September 6 19 9 following: 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 con- struction of a 750,000 gallon steel reservoir tank, near the Olive Hills Reservoir, in the City of Anaheim, including ex- cavation, concrete structures, pipe main and fittings, A.C. pavement, 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, Work Order No. 4083, in accordance with tions prepared by and the notice inv specified that sea be received up unt of September state and declare of the Labor Code, ascertained the pr needed to execute hourly wage scale the designs, plans, profi.es and specifica- Bovle Engineering sting sealed proposals, which said notice Y led proposals as specified in said notice would 11 2:00 oVclock Po M. of the 13th day 9 19 62 and which said notice did that, pursuant to the provisions of Section 1770 the City Council of the City of Anaheim had evailing rate of wages for each type of labor said contract and did set forth the prevailing so ascertained; and WHEREAS, on September 13 19 at the hour of 2:00 ooclock P. M., the City Clerk and City Engineer of -1- 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, and 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 cularly described and set forth in unciti e l public in 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 tie City of Anaheim did, at its next regular meeting, held on the 18th day of September 1962 ooclock F, Ma, consider the sealed proposais for fur- 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 WEST AND WIGGS, INC., for the construction, installation and completion of said reservoir tank, near the Olive Hills Reservoir, Work Order No e1 4083, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said WEST AND WIGGS IN 2425 Gundry Avenue, Lon Beach, a i ornia for furnishing all plant, labor, service 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 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 WEST AND WIGGS, INC., which said contract was duly made and entered into on the 24th day of Spptemher 1962 any WHEREAS, the said WEST AND WIGGS INC has furnished all plant, labor, ser- vices, materials and equipment 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 anri in the detailed designs, plans, drawings, and specil'.cations prepared by Boyle Engineering 9 and the contract made and entered into with it by the 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 WEST AND WIGGS, INC. 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 with the contract documents, m2® 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 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 the City of Anaheim together with the appurtenances thereto 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 that the balance due said contractor for said work be paid to it 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 completion excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents, That acceptance by the con- tractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim its officers 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 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 Cler] of the City of Anaheim be and they are hereby authorize :d to execute and file a notice of completion of said work as required by lax, THE FOREGOING RESOLUTION is approved and signed by me this 19th day of Februar ,3 STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM DENE M. of Anaheim do hereby certify that the fo Gresolutionewasty introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim held on the 19th day of February 19 63 by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN:: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 19th day of February 1963 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of February 19 (SEAL) -3- YOR OF THE CITY OF ANAHEIM