59R-5155
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RESOLUTION NO. 5155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING TiE COXPLETION AND THE
FURlfISHING OF ALL PLANT I LAiOR, SERVICES, :MA-
TERIALS AID EQUIPMENT AND ALL UTILITIES AND TRANI>-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORKING ALL WORK NECESSARY TO CONSTRUCT AND
COKPLETE THE FOLLOWING PUBLIC IMPROVEMENT. TO WIT:
II'R1ll BRO.A.DV,U SIl'R1l1l! SIlWJlR IMP.B.OfEMD!. J'IIOM 680 l'.D! dSf
OJ MAG.OLIA AlDUI !rO SBm.DS DllIU. JOB BO. 1151.
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 Clasette ) on the 12th ud 1,th da,ys of Jebnary ,
19~. a notice inviting sealed proposals for furnishing the
following:
All plant. labor. .e"ices. !l8.terials and equipea1f.,,_
all utilitIes ud transportation. including power. fuel
and water. and performlDg all work necessary to construct
and complete in a good ud worlalan1lke -.rmer. in strict
accordance wi~ the specifications, plans and drawIDgB
therefor on file in the office of the City Engineer or
City Olerk of the Oity of Anaheim. the fOllowing public
impreTe.ent. to wit: The Broadwq Street Sever IlIproTe-
ment. consisting of the construction of an 8-inch T.C.P.
sewer lateral in Broadwq. from 680 feet west of Magnolia
Annue to Shields DriTe, including the construction of
4-inch house laterals. wyes. stoppers. stendard 4-foot
brick manholes. construction of te.porary 1-1/2 inch pave-
ment. and appurtenant work as iadicated on the plens.
Job .0. 11.51.
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in accordance with the designs. plans, profiles and specifica-
tions prepared by fhornton :I. Piersall. Oity :lagiBeer
and the notice inviting sealed proposals, which said notice speci-
fied that sealed proposals as speCified in said notice would be
received up Wltll 2:00 01 clock P.X. of the 26th day of
Jebruary , 1959 , and which said notice did state and
declare that. pursuant to the provisions of Section 1770 of the
Labor Code. the City Council of the City of Anaheim had ascertained
the prevailing rate of wages for eaoh type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
scale so ascertained; and
WHEREAS, on Februery 26 , 1922-, at the hour of
olclook P.X., the Oity Clerk and City Engineer of the
2:00
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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 con-
struct and complete. in a good and workmanlike manner. in strict
accordance with the specifications, plans and drawings therefor
on file in the Offioe of the City Clerk of the City of Anaheim,
the public improvement hereinabove more particularly desoribed and
set forth. in publio. in the Oity Oouncil Ohamber in the City Hall,
Anaheim. Oalifornia. and the City Engineer did tabulate the result
of said sealed proposals and did make a report to the City Counoil
at its next ad.1oUZ'lle4 regular meeting; and
WHEREAS, the City Oounci1 of the Oity of Anaheim did, at
its next ed..:lourae4 regular meeting. held on the 3rd day
of Karen . 19....22...... at the hour of 7:00 01 clock P.Il.,
oonsider the sealed proposals submitted for furnishing the materi-
al. and performing the work hereinabove more particularly desoribed
and set forth. and did thereupon find and determine that the sealed
proposal submitted by DE LEOll COllS!rBlJ'CTIOllT CCMP.ABY, 131 COJ'.l'lUJl ATD'lDl.
.AJl.AlmIK. CJ.L IJ'OlUTU.
for the construction, installation and completion of said :Broadway St.
Sewar Improv8118nt, from 680 feet west of MacnoBa Ave. to Shields Dr. ,Job 1'0. ll~
hereinabove mentioned and desoribed. was the lowest responsible
proposal submitted therefor, and thereupon aocePted said bid and
did award a contract to said De Leon Construction COIlrPUlY.
for furnishing all plant. labor. servioes, 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 Kayor and the Oity Clerk of the City of Anaheim to exeoute
a oontraot for and on behalf of the Oity of Anaheim with De Leon
Coastruction Co.~any,
which said contract was duly made and entered into on the 4th
day of March . 19..22--; and
WHEREAS, the said De Leon Construction COIlpaD7
has furnished all
plant, labor. services. materials and equipment and all utilities
and transportation, and performed all work neoessary for the con-
struction and completion. in a good and workmanlike manner. in
striot acoordanoe 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
.pecifications prepared by !hornton E. Piersall. City Eagineer
. and the oontraot made and entered
into with it by the Oi ty of Anaheim; and
WHEREAS, the De Leon Construction OOMJ:&Jq has dull
certified to the construction and completion of said publio improve-
ment hereinabove mentioned and described. in aooordanoe with the
plans and speoifications and the oontraot doouments duly made and
entered into with said De Leon Construction (lomplUlJ"
,
; and
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WHEREAS. the City Oouncil finds that said oontractor has
completed said pUblic improvement hereinabove more partioularly 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-
ance with the contract doouments.
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NOW" THEREFORE. BE IT RESOLVED by the City Counoil of the
City of Anaheim that all plantp labor. servioes>> materials and
equipment and all utilities and transportation>> and the performanoe
of all work neoessary to oonstruot" install and oomplete. in a good
and workmanlike manner" in strict acoordanoe with the speoifioa-
tions" plans and drawings therefor on file in the Offioe of the City
Olerk of the City of Anaheim" together with the appurtenanoes
thereto. said pUblio improvement hereinabove more partioularly de-
soribed 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 contraotor for said work be paid to it
thirty-five (35) days from and after final aoceptanoe 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 notioe of com-
pletion. excepting only such sum or sums as may lawfully be withheld
in aocordance with the provisions of said contract and contract
documents. That acceptanoe by the contractor 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 olaims and liabilities due the contraotor for anything
done or furnished or withheld or for anything relating to the work
or any aot or neglect of the City. its officers, agents and em-
ployees. exoepting 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 law.
this
THE FOREGOING RESOLUTION is approved and signed by me
14th day of April , 1922-0
(]~. 8eLL6
MAYOR at; THE CITY OF ANAHEIK
A~EST : ___
~ m. W~~~
CITY CLERK OF THE CITY OF AlAHEIM
STATE OF CALIFORNIA )
COU_TY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. Dens M. Williams . City Clerk of the Oity of
Anaheim. do hereby oertify that the foregoing resolution was intro-
duoed and adopted at a regular meeting provided by law
of the City Council of the City of Anaheim. held on the 14th day
of April . 19~. by the following vote:
AYES:
NOES:
COUNOILKEN: Borden, Coons, Fry, Pearson and Schutte
COUNCILMEN: None
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ABSENT: COUNCILKEN: None
AND I FURTHER CERTIFY that the Mayor of the Oi ty of
Anaheim approved and signed said resolution on the 14th day of
Anrll . 19~0
IN WITNESS WHEREOF, I have hereunto set my
the official seal of the City of Anaheim this 14th
A'Prll D 19~.
( SEAL)
hand and affixed
day of
L~.~~~~
OITY OLE OF THE OITY OF AJDttx
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