1960-5873RESOLUTION NO. 5873
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: CONSTRUCTION OF A STORM DRAW IN
k�fi4ON STREET. FROM OAK STR' ET TO BROAD A
JO NO. 87.
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 on November 2
once for t he and December
19 9 a n nv° ing sealed proposals r furnishing
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
f ollowin public improvement, to wit: Construction of a
storm drain in Lemon Street, from Oak Street to Broadway,
in the City of Anaheim., includin the installation of 12
to 30 -inch reinforced concrete pipe, 2 manholes, con-
struction of 5 catch basins, 1 junction box, excavation,
haulaway, backfill, resurfacing and appurtenant work, as
indicated on the plans, Job i4o. 487;
in accordance with the designs, plans, profiles and specifica-
tions prepared by Thornton E. Piersa.11, City Engineer
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 10th day
of December 77779 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 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 December 10 199 at the hour
of 2:00 o °clock P.M., the City Clerk anc 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 t:} 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 15th
day of December a 1959 at the hour of CO
ogclock P.M., consider the sealed proposals submitted of ru-
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 Coffman Avenue Anaheim. California,
for the construction, installation and comp of said storm
draip in Lemon Street, from Oak St. to Broadway. Job No. 147
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said DE LEON 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 DE LEON CONSTRUCTION CO.
which said contract was duly made and entered nto on the 41st
day of December 19 59 and
WHEREAS, the said DE LEON CONSTRUCTION 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 Thornton E. Piersall, City End ,ineer and the
contract made and entered into wi it by the City of
Anaheim; and
WHEREAS, the City Engineer has duly
certified to the construction and completion of said 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,
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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 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 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
8th day of March 9 19 60
ATTEST:
(SEAL)
CLElle0
TY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
19 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 City of Anaheim, held on the
8th day of March 9 19 9 by the following vote:
AYES: COUNCILMEN« Coons, Fry, Pearson,Thompson and Schutte
NOES: COUNCILMEN:: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 8th day of
March 19
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 8th day
of March 9 1960
03®