1961-6809A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND
THE FURNISHING OF ALL PLANT LABOR, bERVICES,
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 WESTERN AVENUE SEWER IMPROVEMENT,
FROM APPRO I
DRIVE TO A PROX IMATEL
DRIVE IN THE CITY 0 A
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 wita
The Anaheim 'n 9 on nuar L and January 10
19.4 a no ce invit ng sealed proposa _s or :urn' s 'rag e
followingo
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 Western Avenue Sewer
Improvement, consisting of the construction of an
8 -inch V.C.P. sewer line in Western Avenue, from
approximately 42 feet north of Stonybrook Drive
to approximately 19 feet north of Teranimar Drive,
in the City of Anaheim, including excavation,
hnc "fil.i and flooding, construction of manholes and
laterals, and all appurtenant work as more
particularly set forth in the plans and specifi-
cations on file in the Office of the City Clerk
or City Engineer, Job No. 1201_,
in accordance with the designs, plans, profiles and specifica-
tions prepared by Thornton E. Piersall, City Engineer
and the notice inv'.ting sea :!e• proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2 :00 o P.M. of the 19th day
of nuar 1 and which said notice did
state an ec are that, pursuant to the provisions of Section 1770
of the Labor Code, the City Council of the City of Anaheim had
ascertained the prevailing rat 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 n^ 1 9 19 61 9 at the hour
2:00 o clock 0 o, t' y erk a.nd ity Engineer of
RESOLUTION NO. 6809
�le
the City of Anaheim did *pen s:.id 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 w ter, ai 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 th, 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 t its next
regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 2 th
day of J anuar 19 61 at the hour of OO
o n clock n
c os er Eseaied propos, l:- submitted nik
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 DE LEON
CONSTRUCTION CO. 131_ Cof fma n Avenue Anaheim Calif
or the construction, inst
Western Avenue Sewer Im
ere nabove mentioned and d scribed, was the owest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to s aid DE LEAN CQNSTRUC CO., 1i1
Coffman Avenue Anaheim Calif.rnia
or furnishing all plant, labor„ services, materia s and equ p-
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 notic 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 DE LEON CONSTRUCT' N C
which said contract was du'y ma •e an entere rate on e
day of January 9 i9 and
WHEREAS, the said DE LEON
has furn' s e* a pant, abor, servees,
materials and equipment and all xtilities 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, profile: drawings and specifications pre-
pared by P e 1 s' 9 and the
contract ma •e and entere into w y he City of
Anaheim; and
at.ion an
veme
WHEREAS, the has duly
certified to the construct on an comp
etion of sa 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 DE LEON 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim th t all plant, labor, services, materials
and equipment and all utilities and transportation, and the per
formanoe of all work nece:.sary to construct, install and complete,
in a good and workmanlike mann r, in strict ccordanoe 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 describA, and set forth, in the City of Anaheim, by
said contractor, be, and the same are hereby acc ,pted 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 sa u►®rk as e ichnced by the adoption of this
resolution, but not sooner than thirty (30) days after the date of
the filing of notice ,f completion, excepting only such sum or sums
as may lawfully be withheld in accordance with the provisions of
said contract and contract documents. That .cceptance by the con-
tractor of :id payments made in accordance with said final estimate
shall operate and shall b release to the City of Anaheim, its
officers, agents and employe =s 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 mpioyees, 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 Mayer and the City Clerk
of the City of Anahei be, c-'nd the >,y are h -reby authorized to execute
and file a notic of completion of said work as required by law.
THE FOREGOING RESOLUTION is approved and signed by me this
llth day of April 9
(SEAL)
NOES: COUNCILMEN Se None
-3-
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS 9 City Clerk of the City
of Anaheim, do hereby certi y 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
1 lth day of 2 2 1 i 7 9 1961 9 by the following vote
AYES: COUNCILMEN:. Chandler, Coons, Fry, Thompson and Schutte
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the llth day of
April 9 1961
IN WITNESS WHEREOF, T have hereunto set my hand and
affixed the official seal of the City of Anaheim this llth day
of April 9 1961