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59R-5155 --, ........... 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. ,- 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 -1- - ~. 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 _. 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. -2- -- - 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 -- 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 -3- -