71R-406
RESOLUTION NO. 71R- 406
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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 THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE ORANGEWOOD AVENUE SEWER IMPROVEMENT FROM
WEST STREET TO NINTH STREET, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 1226.
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 Bulletin, on April 22 and
April 29 , 19 7~ , a not1ce inv1tinq sealed
proposals for furnishing the following:
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
tmprovement, to wit:
The Orangewood Avenue Sewer improvement from West
street to Ninth Street, in the City of Anaheim,
consisting of the construction of 2609 L.F. of IS"
V.C.P., 63 L.F. of 15" V.C.P., 13 L.F. of 10" V.C.P.,
143 L.F. of 8" V.C.P., 20 manholes, 2915 L.F. of
trench resurfacing; and appurtenant work as more
particularly set forth in the plans and specifica-
tions on file in the office of the City Clerk or
City Engineer, Work Order No. 1226.
in accordance with the designs, plans, profiles and specifica-
tions prepared by ~e Deoartment of Public Works
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 6t.h day of
Kay , 19 71 , 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 ascer-
tained the prevailing rate of wages for each type of labor needed
to execute said contract, and did state that the prevailing hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
,
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WHEREAS, on May 6 , 19 -1l ' at the hour of
2:00 o'clock P.M., the City Clerk and the C1ty Engineer .of
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 particularly
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 11th
day of M~ ' 19~_, at the hour of ~:3~ o'croc~
P.M., consider the sealed proposals submitted for furnishing 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..
207 Coffmen Avenue, Anaheim, Ca11fornia
for the construction,:rnstallation and completionlOr-Ba1d
Orangewood Avenue sewer iIIprov~t, Work ~rder No. 1226---
here1nabove mentioned
ana-described, was the Iowest~sponsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said De Leon Construction ComDfqY
for furnish1ng all plant, fabor,
services, materials and equipment and all utilities and transpor-
tation, including power, fuel and water, and perfo~ing 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 De Leon Cons~ruqtiop
Company ----- Wh1Ch said
contract was duly made and entered into on the 20th day of
May , 192!-: and -
WHEREAS, the said De Leon CoDstructi:f CO~APY
has tum:rshed all pant, BDor,
iirYices, materials an~urpment and all utilities and trans-
portation, and performed all work necessary for the construction
and completion, in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings of said
publio improvement aa gpQcifi9d in thQ notice inviting sealed
proposals and in the detailed designs, plans, drawings, and
specifications prepared by the Dep~p~ of PDbl;~a~~~a
, and the contractlmaae anaentere 1nto
with it by ~he City of Anaheim~ and
WHEREAS, t.he D1~e9t:.o~pf '111",]; ~ w'\'C~.
has duly certified to the construct10n and comp~etion of said
public ~provement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said De Leo!L-Oonst~uptjgD
Company ___; and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement nereinabove more particu-
larly 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 accordance with the contract documents.
NOW, .THEREFORE, BE IT RESOLVEiO by the Ci ty Cc;>uncil of
the City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and tr~nsportation, and. the
performance of all work necessary to construct, install and.com-
plete, 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 herein-
above 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 oon-
tractor for said work be paid to it thirty-five (35) days
from and after final acceptance 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 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 contractor of said payments made in accord-
ance with said final estimate shall operate and shall be a release
to the City- o.f 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 amounts with-
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED 'b.hat the l-1ayor 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 7th day of September , 19 71 .
ATTEST:
~L hr, J~
CI Y CLERK OF THE CITY OF ANAHEIM
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STA'1'B OF CALIPORHIA )
COUIftY OF ORANGE ) SS .
CITY OP AHABBDI )
~
I, DBRE M. DAOUST, City Clerk of 'the City of Anaheim,
do hereby certify that the foreqoinq Resolution No. 71R-406 was
passed and adopt.ed at. a -------- regular aeet.ing of t.he Cit.y
Council held on the 7th day of September , 19 71 , by the followinq
vote of 'the Ble1Ibers 'thereof: -
AYES:
COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton
NOES:
COUNCILMEN: None
ABSBNT:
COUllCrLMEN : None
AND I FURTHER CBRTIPY that the Mayor of the City of Anaheim
approved and signed said resolution on ~e ~ day of September ,
19 ..1.!.. ·
IN WITHESS WHEREOP, I have hereunto set my hand and affixed
the seal of t:he Cit.y of Anaheim this 7th day of September , 19 71 .
C~b~OP ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 71R-406 duly
passed and adopted by the Anaheim City Council on September 7, 1971.
J)~ 'M. [)~
City Clerk
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