71R-457
RESOLUTION NO. 71R-457
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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 EQUI;PMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PE~RMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE LA PALMA AVENUE SEWER IMPROVEMENT FROM APPROX-
IMATELY 200 FEET EAST OF TO APPROXIMATELY 2950
FEET EAST OF IMPERIAL HIGHWAY, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 1231.
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 8th and the 15th days of
&TU~ ' 19 71 , a notJ.ce 1nV1 tl.ng sealed
proposals for urnishing 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 ~provement fram approx-
imately 200 feet east of to approximately 2950 feet
east of ~perial Highway, in the City of Anaheim,
consistinq of the construction of approximately 2800
feet of 10" V.C.P. sewer including manholes, concrete
encasement 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. 1231.
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in accordance witn the desi~ns, plans, profiles and specifica-
tions prepared by the Pub11c Works Department
and the notice invitinq 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 22nd day of.
July , 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 prevailinq rate of waqes for each type of labor needed
to execute said contract, and did state that the prevailing hourly
waqe scale so ascertained was on file in the Office of the City
Clerk ~ and
,
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WHEREAS, on Julr 22 , 19 71, at the hour of
2:00 o'clock P.M., the CJ.ty Clerk and the City 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 i.ts next ------ regular
meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next ------ regular meeting, held on the 27th
day of July , 19-11-, at the h~ur of 1:30 ~gc~ock
P.M., consider the sealed proposals submJ.tted for furn1sh1nq 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 SILVERI & RUII CONSTRUCTION
CO., 2742 W. Orangethorpe, Ste. H, Fu~~erton, ca~1~. ~~b~~
for the construction, installation and completion of said
La Palma Avenue Sewer Improvement, Work Order No. 1231
hereinabove mentioned
and described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said Silveri , Ruiz Construction Co.
for furnishing all plant, labor,
services, materials and 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 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 Silveri' Ruiz Construc-
tion Co. which said
contract was duly made and entered into on the ~na day of
August , 19~; and
WHEREAS, the said Silveri' Ruiz Construction Co.
has furnished all plant, labor,
services, materials and equipment 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 the Department of Public Works
, and the contract made and entered 1nto
with it by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction and completion of 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 Silveri & Ruiz Construc-
tion Co. ; 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 b~lance du~ 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, laQor, services ~ materi,als
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 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 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 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 ~bat 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
12th day of Octob 19 71 .
ATTEST:
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CI CLERK OF THE CITY OF ANAHEIM
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STATE OP CALIFORNIA )
COUHTY OF ORANGE ) 58 .
CITY OP ANAHEIM )
I. DDE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the fore~oin9 Resolution No. 71R-457 was
passed and adopted at a ------- reqular meeting of the City
Council held on 'the 12th day of October , 19 71 , by the fo1lowinq
vote of the members thereof: --- .
AYES:
NOES:
ABSENT:
COUNCILMEN: Roth, Pebley, Thom and Stephenson
COUNCILMEN: None
COUNCILMEN: Dutton
Pro-Tem
AND I FURTHER CERTIPY that the Mayor/of the City of Anaheim
approved and signed said resolution on the 12th day of October,
19.1L.
IN WITNESS WllEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 12th day of October , 19 71.
~ )x fj~u~
eI CLERK 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. 71R-457 duly
passed and adopted by the Anaheim City Council on October 12, 1971.
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~~ )n L2~-~~
City Clerk
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