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70R-356 RESOLUTION NO. 70R-356 """,,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ~INALLY ACCEPTING THE COMPLETION AND THE FU~ISHING OF ALL PLANT, LABOR, SERVICES, ~TERIALS AND EQUIPMENT AND ALL UTILITIES A~D TRANSPORTATION INCLUDING POWER, FUEL AND WA~ER, AND THE PERFORMANCE OF ALL WORK NECESS~Y TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE LA PALMA A~NUE SEWER IMPROVEMENT, FROM APPROXIMATELY 150 FEET WE~T OF IMPERIAL HIGHWAY TO APPROXIMATELY 200 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1221. 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 the 23rd and 30th d~s of April , 19 (U ,a notice invit~ng 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 La Palma Avenue Sewer Improvement, from approximate~y 150 feet west of Imperial Highway to approximately 200 feet east thereof, in the City of Anaheim consisting of construction of 350 lineal feet of 8" V.C.P. in La Palma Avenue across Imperial Highway including jacking of 24" steel casi..ng, concrete encasement, trench resur- facing, manhole oonstruction and 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. 1221. in accordance with the designs, plans, profiles and specifica- tions prepa:ed ~y .t~e Department of Public ~orks . ' and the not~ce ~nv~t~ng sealed proposals, wh~ch sa~d notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 7th day of M~y , 19 7Q ,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 Ma~ 7 , 19_ 70_, at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said sealed proposals received up to that time for th~ furnishing of all plant, labor, services, materials and equip~ent, and all utilities and transportation, including power, fu~l and water, and performing all work neces- sary to construct a~d 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 j2th day of May _, 19 -Z.Q_, at the hour of 1.; 10 0' clock P.M., consider the iealed proposals submitted for furnishing the materials and perfo~ing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted bY__~~~QQH~TRPCXION, A JOINT ~NTURE, 41069 NQpaLap~~~tt~~X~llfQ~a or the constructl.on, l.nstil: atl.on ---ana completion of said La Palma Ave. Sewer Improvem~ntt from approx. 150' W/o Imperial Hw~ to approx. 200' E thereof~ Wo~k Order No. 1221 hereinabove mentioned ana-described, was ~he rowest responsf5Ie proposal submitted therefor, and thereupon accepted said bid and did award a contract to said S. D. CONS'fRUCTION-t A JOINT VENTURE --lor furnfshing all planr;-Iabor, services, materfars+ana-eqUIpment 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 aocordance 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 __~ D. CONSTRUCTJON, ~ ___~OINT VENTU~ _____ wh~ch sa~d contract was duly made and entered into on the l3~h day of M~y , 19J~_i and WHEREAS, the said ~kaf~fJf~f;~dCTffr~pfalf?IlaJt!;URE servfCes; materiars-ana-equIPffient 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 tbe Defar.tmeut of PJb1iG WDr~~ , and the con ract made an entered ~nto wit~---i~by-the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction ana-completion or said 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 --~~_~~~STBUCTIQ~~A--___ JQIN~YENXUBE ; and -2- 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 payment 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 contractor, be, and the same are hereby accepted, subject, neverthele~s, 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 ___iX__ 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 tpe 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 of Anah~im, 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. this THE FOREGOING RESOLUTION is approved and signed by me l~tb day of __~~______, 19-1]_. ?:r~ 4 &i~ MA 0 OF THE CITY OF ANAHEIM ATTEST: -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) - I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that t~e foregoing Resolution No. 70R-356 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 14th day of July, 1970, by the following vote of the members thereof: AYES: COUNcl:ILMEN: Clark, Thom and Pebley NOES: COUN(j:ILMEN: None TEMPORARILY ABSENT: COUN(j:ILMEN: Dutton ABSENT: COUN~ILMEN: Stephenson AND I FURTH~R CERTIFY that the Mayor of the City of Anaheim approved and signed s*id Resolution No. 70R-356 on the 14th day of July, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of July, 1970. ~ ~ N. ~~-i~ TY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-356 duly passed and adopted by the Anaheim City Council on July 14, 1970. ~)t~ City Clerk -,