1960-6077RESOLUTION NO, 6 077
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: THE BALL ROAD SEWER IMP VEME.NT.
FRCP!' !AGNOLIi A VENUE 1APPR^ vA T Y
F FF.T WEST Or MA'C,NOL TA AVFi
ANAHEIM JOB NO 11
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1 \I
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 Gazette 9 on parch llth and 13t1
19 68 a notice nv tang sealed proposals for furnishing the
fob owing:
All plant., labor, services, mater ia.l s and ecui pment.,
and all utilities and transnortation, includino power,
fuel and water, and perfarming all work_ necessar
construct and complete in a good and workman l ibe 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
fol lowino public improvement. to wit: The Pall Road
Sewer Improvement, consisting of the construction of
an 8— incl V.C.P. sejaer lateral in Bali Road, from
i Avenue to approximately 1 300 feet west. of
Magnolia Avenue, in the City of Anaheim, inclndinn
trenching, hackfill and flooding, construction of
standard 1- root br ic'r manholes, including excavation
and castings, cons +fruct. ion of -inch V.C.P. house
laterals, resurfa.cinn and appurtenant wort{ as indicated
on the plans, Job No. 11;
in accordance with the designs, plans, profiles and specifica-
tions prepared by Thornton E. Piersall, City Enni.neer
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o °clock P.M. of the 2!t1 day
of i"Tarch 19 60 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 each type of labor
needed to execute said contract and did set forth the prevailing
hourly wage scale so ascertained; and
WHEREAS, on March 2 19 6n at the hour
2:00 olclock P.M., the C ity Clerk and City Engineer of
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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 parti-
cularly described 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
regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 2
day of Marcr 9 19 60 9 at the hour of or
oeclock P consider the sealed proposals submitted 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 DeLeon Const.rt.c-
tlon Co.. 131 Coffman Avenue, Anaheim, California,
for the construction, installation and completion of said
T3a1i road Sewer Imt)rovtm.ent. Job No. 118!L.
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said DeLeon Construction Co.
for furnishing 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 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 DeLeon Construction Co.
which said contract was duly made and entered into on the 'oth
day of VJarcb 19 ESC and
WHEREAS, the said DeLeon Con tign co.
has furnished all plant, labor, services,
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 and in the
detail, designs,plans profiles, drawings and specifications pre-
pared by the City Engineer and the
contract ma a an en Br ed into with it by the City of
Anaheim; and
WHEREAS, the C tv En c n r has duly
certified to the construction and comp etion of sapublic im-
provement hereinabove mentioned and described, in accordance with
the plans and specifications and the contract documents duly made
and entered into with said Deleon Construction Co.
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-
ance with the contract documents,
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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 ii -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 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.
THE FOREGOING RESOLUTION is approved and signed by me this
1 /1th day of Jun V' 19 60
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE H. WILLIAI`;S 9 City Clerk of the City
of Anaheim, do hereby certify that the foregoing resolution was
introduced and adopted at a regular meeting pro-
vided by law of the City Council of the ity of Anaheim, held on the
14.tti day of June D 19 60 9 by the following vote:
(SEAL)
AYES: COUNCILMEN: Chandler, Coons, Thompson and Schutte
NOES: COUNCILMEN None
ABSENT: COUNCILMEN: Fry
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 14tt day of
June 9 19 60
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this day
of June 19 _Ea_
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FRK OF THE CITY OF ANAHEIM