59R-5547
RESOLUTION NO" 5547
A RESOLUTION OF THE CITY COUNCIL or THE CITY or
ANAHEIM FINALLY ACCEPTING THE COXPLETION AND THE
FURNISHING OF ALL PLANT, LABOR. SERVIOES. :MA-
TERIALS AND EQ,UIPMENT A.1\jD ALL UTILITIES AND TRANs...
PORTATION INCLUDING POWER,FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMP.LETE~rHE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
.IH~JiliQI.LAV:ENlIF SF)iFR TMPROYFMFN1:, FRClIA 1 TNrOllll
_A'iENllLZLBALj. RQ.o.ll.. JOB N~ .1160 ___
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WHEREAS, he CUty Ccur.c:il of the City of Anaheim did
cause to be pu.bllshed :i.n a newspaper of general circulation,
prlnted, pu.bl:lsbed and ciroulated In 'the City of Anaheim, to wit:
The Ana!w l.m Gazette !' on the 28tlJ, day of Ma"l( and the 11th day of June,
192.2~." a r.c,tlce In'ri.tlng sealed proposals for furnishing the
fol1owing~
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 Knott Avenue
sewer improvement, consisting of the construction
of 8-inch and 10-inch V.C.P. sewer laterals in
Knott Avenue, from Lincoln Avenue to Ball Road,
including excavation, backfill and flooding,
construction of manholes, construction of 4-inch
house laterals, and appurtenant work, as indicated
on the plans, Job No. 1160,
in accordance with the designse plans>> profiles and specifioa-
tlons prepared by .,.,Ihornton F. E'lpr~l'll 1, r.i ty F'ng In",,,,.. ~ ,.
and the notioe inviting sealed proposals. which said notice speoi-
fied that sealed proposals as speoified in said notioe would be
recei'ved up until .2:00 o'olock PoX. of the oJlth day of
June ~"~O_~~~~." 19 59_" and which said notice. did state and
declare that. pursuant to the provisions of Section 1770 of the
Labor Code" the Ci.ty Council of the City of Anaheim had ascertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
scale so ascerta.'l.ned; and
WHEREAS, on~. June II _~_D 19...5.5l-~ at the hour ot
~~<L~~_ I<?n clock PoMo. the City Clerk and City Engineer of the
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Oity of Anaheim did open said sealed. proposals received up to that
time for the f\~n18hlng of all plant" labor. servioes. materials
and equipment. and all ut;11ittes and transportation. including
power, fuel and water r and performi:O,g all work necessary to oon-
struct and complete, in a good and ~orkmanllke manner. in striot
acoordance with the specif'leat J.Oir;s. plans and drawings therefor
on !lIe in che Offioe of the C1t~i' Clerk of the City of Anaheim,
the pu.b110 impro'.ement herelnabovfJ mere particularly desoribed and
set forth, in ptJbl.ic" 1n the C.it;)/' Cc)uncil Chamber in the City Hall.
Anaheim" OalHor11.ia, and the City Engineer did tabulate the result
of said sealed proposals and d1.d make a report to the City Counoil
at its next c~~J;I iO!JL!1~~L,~~",~f."eg\11ar meeUng; and
WHEREAS. the City CouncLI of' the 01 ty of Anaheim did. at
its next adiQur.ned .~egular meeting. held on the 16th day
of .~~une~.~~.~,~..,.,~,.~,~_,~l 19 ~.2~1 at the hour of 7:00 _ ololook P.M.,
oons1.der the sealed proposals 8")bmltted for furnishing the materi-
als and performj.l'1g the work herelnabove more particularly desoribed
and set forth. and did thereupon t'tnd and determine that the sealed
proposal Bubm:i,Ued bYJ:)I~LE9.N CON~TRUCTlON CO.. 111 Coffman
Av~nue, Anahe im,L Cal ifo~1liL~..,.~~, _
for the constructi.on, installation and completion of saidKnott Ave-
nue Sewer Improy.~ment.l from L!.ncoln Ave. to Ball Road. Job No.1160.
hereinabove mentioned and descrl!:"ibed, was the lowest responsible
proposal submitted therefor. and thereupon acoepted said bid and
did award a contract to sald Qf;. Lf;:ON CONSTRUCTION CO.
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for furnishing all plant" labo'1",1 services, materials and equipment
and all utilities and transportation. .including power. fuel and
water. and performing all work necessary to oonstruot and oomplete.
In a good and workmanlike marmer.o In stric t accordanoe with the
speclficatlons,<' plans, and drawl.ngsr the said publio improvement as
speoifled In sa:l!d notice invlt Lng sealed proposals" and did author-
lze the Mayor and t,he 01 t,y Clerk of the 01 ty of Anaheim to exeoute
a contract for and en behalf of the C:i.ty of Anaheim with
DE LEON CONSTRUCTION 00.
whiCh sa.Idcoritrac twas dufy-'mads"and en:fered into on the 18t h
day of ~...L~~,-..~~~~~~~<~_~.,y 19~.9.,.~.>> and
WHEREAS, the sald lU;;.Lf;ONC,0NS THlIr.TTClN m
has furnished all
plant, laborv-s'e;vices~materTais~-and equipment and all utilities
and transportatlon, and performed all work necessary for the oon-
structicm and completion" .in a good and workmanlike manner. in
strict accordance with the speci.flcatlons. plans>> drawings, of said
publ1.c improvement as specif.1.ed in the notice inviting sealed pro-
posals and in the detail, desIgn, plans. prOfiles. drawings and
specifications prepared bY~,J:b.Qrnt9..n E. Pier!'i~ll r.ity Fnginppr
) and the contraot made and entered
lniowl th -,~ ~n ~=~~_=~~='by~ t-he'C:fi,y of Anaheim; and
WHEREAS, the ,~.~~iJller ~has duly
oertified to the construction and completion of said pl,lbllo improve-
ment hereinabove mentioned and described, in aocordanoe with the
plans and specifications and the contract documents duly matte and
entered into with said .,~~,_RE l.Wl'f CQNSTBlICTTON ~CO-
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WHEREAS, the Oity Council finds that said contraotor hae
completed sald pUblic improvement hereinabove more partioularly de-
soribed in accordance with the prOVisions of the contraot and the
contraot documents. and tr.at notice of completion should be filed
and payment of the balance due Bald contractor authorlzed 1n aooord-
ance with the contract documents.
=2=
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 performance
of all work necessary to construct. install and complete, 1n a good
and workmanlike manner~ in strict accordance with the specifica-
tions, plans and drawings therefor on file in the Office of the City
Clerk of the City of Anaheim, together with the appurtenances
thereto>> said p\lblic improvement hereinabove mOre particularly de-
scribed and set forth, in the City of Anaheim, by said contractor,
be" and the same are hereby accepted, subJeot. nevertheless, to all
the terms, oonditions and provisions of the contract documents. and
that the balance due said contractor for said work be paid to it
thirty~f1ve {35} days from and after final acceptance of said work
as evidenced by the adoption of this resolution~ but not sooner than
thirty (JO) days after the date of the filing of notice of com-
pletion" excepting only such sum or sums as may lawfully be withheld
in accordance with the provisions of said contract and contraot
documents. That acceptance by the contractor of said payments made
.1.n accordance wlth 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 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 City
Clerk of the City of Anaheim be, and they are hereby authorized to
execute and file a notice of completion of said work as required
by lave
THE FOREGOING RESOLUTION is approved and signed by me
this ...6i..h day of Octohp.r , 19...55L-o
AT~ST~
I~ - )/1. L(0.s-;d ~~'-"'-'
CITY CLERK OF THE CITY OF ANAHEIX
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
Ip DF.NF. M WIll TAMS , City Clerk of the Oity of
Anaheim. do hereby oertify that the foregoing resolution was intro-
duoed and adopted at a ad journed regular meeting provided by law
of the City Council of the City of Anaheim, held on the 6th day
of October , 19~, by the following vote:
AYES:
NOES:
COUNCI~N: Coons, Fry, Pearson, Thompson and Schutte.
COUNCILXEN: None.
ABSENT~ COUNCI~N~ None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 6th d81 of
October " l$~.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the offlcial seal of the City of Anaheim this 6th d81 of
October " 19~0
( SEAL )
~.h.~m,
or OLERK OF TH;~AHEIJ(
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