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70R-469 ."", - RESOLUTION NO. 70R- 469 A RESOLUT]ON 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 DOUGLAS ROAD SEWER IMPROVEMENT, FROM APPROXI- MATELY 1030 FEET NORTH OF KATELLA AVENUE TO CERRITOS AVENUE, IN THE CITY OF M~AHEIM, WORK ORDER NO. 1222. 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 2nd and April 9th , 19 70 , a notice inviting 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 improvement, to wit: The Douglas Road sewer improve- ment from approximately 1030 feet north of Katella Avenue to Cerritos Avenue, in the City of Anaheim, consisting of construction of 1120 lineal feet of 10" V.C.P. including manhole, trench resurfacing and all appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 1222. in accordance with the designs, plans, profiles and specifica- tions prepared by ~~e Department 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 16th day of April ,1970, 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 -1- WHEREAS, on _ April 16th , 19 _...1..~, at the hour of 2:0Q 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 ~st day of AE-ril ___, 19 _7..9-_, at the hour of i.~<L- 0' clock 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 JACK LEE PIPELINE, l2~0 E~at Hunter, Santa ~a, California ror-the construct1on, ~nstallat1on a:na compIet1on of'Safd QPug~ Street Sewer ImErov~me~from Katella to Cer~~~~ue. in the Cit~of Anaheim, Wbrk Order No. 1222 hereinabove mentioned and escribed, was~t~owest responsibIe proposal submitted therefor, and thereupon accepted said bid and did award a contract to said Jack ~J-e J?ipelin~_ .-. for furn1sh1ng all plant, labor, services; materiaIs ana-eqUTpment and all utilities and transpor- tation, 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 ~~~~ L~e p~p~linA which said contract was duly made and entered into on the 23rrl day of April , 19 ~_; and WHEREAS, the said JR.Ck Lee Pier,:>' ; n,::. has furnishe all plant, labor, servICes; materrars-ana-equrpffient 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 public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by t~~ Department of PypliC Ngr~s , and the contract made and entere 1nto ------r with _~~__ by the City of Anaheim; and WHEREAS, the ---1>ir~to*-QLl?c1'bl.ic ~or~s_ .- has duly certified to the construct1on an comp et10n of sa1d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said _Jack L~2i~ne________ _____________________________________; and -2- ""'......;.".~."""""IIII'" WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove 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 payme~t of the balance due said contractor authorized in accordance with the contract documents. 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 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 c~ntractor, 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 con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of-saia-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 fin~l 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 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 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 _ 22nCl day of -~~-.temb.e~ , 19 2SL_. G~L MA~OF THE ~~- CITY OF ANAHEIM ATTEST: CJK~. ~LERK OF T~ANAHEIM -3-