71R-551
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RESOLUTION NO. 71R- 551
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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 EQUIJPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERF10RMANCE OF ALL
WORK NECESSARY TO CONSTRUCT .AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE JACKSON AVENUE SEWER IMPROVEMENT FROM
APPROXIMATELY 684 FEET EAST OF PARK VISTA
STREET TO APPROXIMATELY 1859. FEET EAST OF
PARK VISTA STREET, IN THE eIn OF ANAHEIM,
WORK ORDER NO. 1237.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper o.f general circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on Oct~er 14 and'
O~~o~~l , 1971 , a. not1ce 1nv1t1ng sealed
proposaIS:ror 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 Jackson Avenue Sewer improvement from approximately
684 feet east of Park Vista Street to approximately 1859
feet east of Park Vista Street, in the City of Anaheim,
consisting of the construction of approximately 1305 L.F.
of 8" V.C.P., 39 L.F. of 6" V.C.P., manholes and appur-
tenant 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. 1237.
in accordance with the desiqns, plans, profiles and specifica-
tions prepared by ~~ Deoart:JRent of Publtf WOrks
and the notice invitinq sealed proposals, w ich said notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 28th day of
October , 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 waqes 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 October 28 , 1971 , at the hour of
2:00 o'clock P.M., the City Cle~k and the CIty Engineer of
the City of Anaheim did open said s$aled 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
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WHEREAS, the city Council of the City of Anaheim did,
at its next regular meeting, held on the 2nn
day of November , 19~_, at the hour of L!~o o'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 TONY PIPELINE CONSTRUCTIQN.
708 New DeDOt stree~~An~~A~, Cali~~rn,~ QpB12
for the construction, -fiist:arlat1on and complet1on o-f saiCI---
Jackson Avenue sewer improvement, Work orde~_. 1237 - _
here1nabove mentioned
ana-described, was tne lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said Tony Pioeline Construction
lor lurnishing-afl plant;-Iabor,
services, materials and equfpment and all utilities and transpor-
tation, including power, fuel and water, and perfo~in9 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 Tony Pipe1i~
Construction which said
contract was duly made and entered into on the 4th day of
November , 191.1:-; and
WHEREAS, the said Tony Pi~eline Construction
has furn1shed all plant, labor,
services, materials ana-equrpment and all utilities and trans-
portation, and perfo~ed all work necessary for the construc~ion
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 the Depor~n~ Of Pub1tp .WbrkA
, and the contract m~and entered 1nto
wi th it by ~he City of Anaheim, and
WHEREAS, the Direc'tor..-- of Public ~.z:l\L-- Ir
has duly certified to the construct1on and camp 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 Tony PiFeline_
Construct1on ____; and
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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 Ci ty Council of
the City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, and the
perfo~ance 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 herei~-
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 con-
tractor for said work be paid to ;~ 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 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 ~hat 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
28th day of DecAmber , 19..1l.....
this
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R OF. THE CITY ANABEl
ATTEST:
~hr a~4~
CIT CLERK OF THE CITY OF ANAHEIM
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STATE OP CALIFORNIA )
COUNTY OP ORANGE ) SS .
CI'l'Y OP ANAHEIM )
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I, DENE M. DAOUST, City Clerk of the City of
Anaheim, do hereby certify that the foreqoing Resolution No.
71R-551 was passed and adopted at .a ----- reqular meeting
of the City Council held on the 28t' day of December , 19 71 ,
by the followinq vote of the members ~ereof: ---
AYES:
COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
AND I PURTHER CERTIFY that 'the Mayor of 'the City of
Anaheim approved and signed said resolution on the 28th day
of December ,19~.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 28th day of
December , 19 11.
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CITY LERK OP THE CITY 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.
11R-551 duly passed and adopted by the Anaheim City Council on
December 28, 1971.
Lht-~
City Clerk
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