59R-5355
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RESOL.UTION NOo '5'3'5'5
A RESOLUTION OF THE CITY COUNCIL. or THE CITY or
ANAHEIM FINALLY ACCEPTING THE COXPLETION AND THE
FURNISHING OF ALL Pl.-ANT ~ LABORp SERVICES, MA-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANs..
PORTATION INCLUDING POWER, FUEL AND W.ATER, .AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT .AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT J.. TO WIT:
THE IMPROVEMENT OF A SEWER EASEMENT 312 F~ET WEST
C5'FBROOKHURST STREET, FROM BALL ROAD NORTHERLY TO
VANCQUVER DRIVE, JOB NO. 1157.
WHEREAS, the City Council of the City of Anaheim did
cause to be publlshed 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 April and the 7th of May,
19~9 a notice inviting sealed proposals for furnishing the
following;
All plant, labor, services, materials and equip-
ment, and all utilities and transportation, in-
cluding pm,jer, 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 there-
for on file in the office of the City Engineer or
City Clerk of the City of Anaheim, the following
public improvement, to wit: The improvement of a
sewer easement 312 feet west of Brookhurst Street,
from Ball Road northerly to Vancouver Drive, by
excavation, construction of an 8-inch V.C.P. sewer
lateral in said easement from Ball Road northerly
to Vancouver Drive, construction of manholes, flood-
ing, backfill and appurtenant work, as indicated
on the plans, Job No. 1157,
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in accordance with the designs. plans. prOfiles and specifioa-
tions prepared by Tho~nton Ea PiA~sa]l. City En~ineer,
and the notice inviting sealed proposalSD which sald notice speoi-
fied that sealed proposals as speCified in said notioe would be
received up until 2:00 o'olook PoX. or the _ 14th day or
May .. 19-22-D and which said notice did state and
declare that, pursuant to the prOVisions of Section 1770 of the
Labor Code. the City Counoil 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 80 ascertained; and .
WHEREAS. on May 14th . 19...22.... at the hour of
ololock P.K.p the City Clerk and City Engineer of the
2:00
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Oity of Anaheim did open said sealed proposals received up to that
time for the fl~nlshlng of all plant>> laborp 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
accordance with the specifications, plans and drawings therefor
on file in the Office of the City Clerk of the Oity of Anaheim,
the public improvement hereinabove more particularly described and
set forth, in public9 1n the City Council Chamber in the City Hall,
Anaheim, Callfornia, and the City Engineer did tabulate the result
of said sealed proposals and did make a report to the City Oouncil
at its nexto~~Jl.d iourned Jegular meeting9 and
WHEREAS. the City Council of the Oity of Anaheim did, at
its next adjourned regular meeting. held on the 19th day
of May _, " 19~, at the hour of 7:00 olclock P.H.,
consider the sealed proposals submitted for furnishing the materi-
als and perform1.ng the work hereinabove more particularly desoribed
and set forth, and did thereupon find and determine that the sealed
proposal submitted by oDE LEON CONSTRUCTION CO., 131 Coffman Avenue.
Anaheim, Ca1iforni~
for the construotion. installation and completion of said Job No.
1157. the improvement of a sewer easement.
hereinabove mentioned and desoribed~ was the lowest responsible
proposal submitted thereforp and thereupon acoepted said bid and
did award a contract to said c. D,E L~ CONSTRUCTION CO.
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for furnishing all plant 9 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 accordanoe with the
specifications. plans. and drawings, the said publio improvement as
specified in said notice inviting sealed proposals>> and did author-
ize the Mayor and the City Clerk of the City of Anaheim to exeoute
a contract for and on behalf of the City of Anaheim with
DE LEON CONSTRUCTION CO., .~
whioh said contract was duly made and entered into on the 20th
day of May >> 19~~"; and
WHEREAS, the said DE LEON CONSTRUCTION CO.
, . , has furnished all
plant. labor" services>> materials and equipment and all utilities
and transportation. and performed all work necessary for the oon-
struotion and completion. 1n a good and workmanlike manner. in
strict 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 Thornton E. Piersall. City Engineer.
>> and the contract made and entered
into with it. by the City of Anaheim; and
WHEREASs the City Engineer _bas dull
certified to the construction and completion of said publio improve-
ment hereinabove mentioned and described, 1n accordanoe with the
plans and specifications and the contract documents duly mado and
entered into with said DE LEON CONSTRU~TION CQL
; and
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WHEREAS>> the City Council finds that said oontraotor has
completed said pUbl:'J..c improvement hereinabove more particularly de-
scribed 1n accordance with the prOVisions of the contraot and the
contract doouments, and that noti.ce of completion should be filed
and payment of the balance due said contractor authorized in aocord-
ance with the contract documentso
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NOW, THEREFORE, BE IT RESOLVED by the Oity Oounoil of the
Oi.ty of Anahei.m that all plant, labor, servioes, materials and
equipment and all utilities and transportation, and the performance
of all work neoessary to oonstruct, install and oomplete, in a good
and workmanlike manner, in striot aocordanoe with the specifica-
tions, plans and drawings therefor on file in the Office of the Oity
Olerk of the City of Anaheim, together with the appurtenances
thereto, said pUblic improvement hereinabove more particularly de-
scribed and set forth, in the Oity of Anaheim, by said contraotor,
be, and the same are hereby accepted, subject, nevertheless, to all
the terms, condi.tions 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 acoeptanoe 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 com-
pletion, excepting only such sum or sums as may lawfully be withheld
in accordance with the provisions of said contract and oontract
documents. That acceptance by the contractor of said payments made
in aocordance 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 aot Or negleot of the City, its officers, agents and em-
ployees. excepting only claims against the Oity 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
execute and file a notioe of completion of said work as required
by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 1ILth day of July , 19..22.-.
AT~ST:_ . c....
~ /}Y.~LfP"';'~'<--'
CITY OLERK OF THE OITY OF AlAHEIM
STATE OF CALIFORNIA )
COUITY OF ORANGE ) as.
CITY OF ANAHEIM )
I, DENE M. WILLIM1S , City Olerk of the Oity ot
Anaheim, do hereby certify that the foregoing resolution was intro-
duoed and adopted at a regular meeting provided by law
of the City Oouncil of the Oity of Anaheim, held on the lILth day
of ~l]Y , 19~, by the following vote:
AYES: COUNOII..Ki:N: Borden, Coons, Rry, Pearson, and Schutte.
a\~1 &~
KAYOR OF \tHE CITY OF ANAHEIM
NOES:
COUJiCILKEN:
None.
r-
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the llLth day of
, 19-53-.
IN WITNESS WHEREOF, I have hereunto set my hand and aftixed
the official seal of the Oity of Anaheim this Ihth day of
JulY , 19....5.2....
3111 v
( SEAL )
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o CLJ!:RK OF' THE O~X
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