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71R-438 RESOLUTION NO. 71R-438 ..~ 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE LA PALMA AVENUE SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER HO. 1236. 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 wi t : The Anaheim Bulletin, on August 5th and Auqust 12th , 19 71 , a not1ce 1nv1t1ng sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perfo~ing 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 tmprovement, to wit: The La Palma Avenue Sewer improvement; from approxi- mately 1628 feet east of to approximately 2083 feet east of Tustin Avenue, in the City of Anaheim, con- sisting of the construction of approximately 454 L.F. of 8" V.C.P. including manholes; and appurtenant work as more particularly set forth in the plans and speci- fications on file in the Office of the City Clerk or City Enqineer, Work Order No. 1236. <.......--... in accordance with the desiqns, plans, profiles and specifica- tions prepared by the 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 19th day of _AuquS~ ' 19 71 , and which said notice did state and --,.......... WHEREAS, on AU9ust 19 , 19 71 , 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 the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perfo~ing all work neces- sary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings there~or 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 24th day of AU9'1st _, 19 71 _, at the hour of ._WL 0' crock P.M., consider the sealed proposals submitted for furnishing the materials and perfo~in9 the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by MIKE DABOVICH. 2423 Turnbull Canyon Road, Hacienda Heicrhts-, cal~niil 9J..745 for the construct1on, instalrarron an completion orsa1cI- La Palma Avenue sewer improvement, ill the Ci~ of Anahe}~_-!f.9rk Order No. 1236 here1nabove mentioned ana-described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said MIKE DABOVICH for furnishing all plant;-Iabor, services, materials ana-equrpment and all utilities and transpor- tation, including power, fuel and water, and perfo~inq 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 MIKE DAB~VICH which said contrac~was duly made and entere~intolOn the- 25th day of AU9ust , 19~_~ and MIKE DABOVICH has Curnished all planr;-labor, serv1ces, mater1als ana-equrpment and all utilities and trans- portation, and perfo~ed 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 Public Works Depar~Di , and the contract made and entere into with him by ~he City of Anaheim; and WHEREAS, the said ....-.... WHEREAS, the Director of Public Works has duly certified to the construct10n and complet10o-of sa1d nublic imnrovement hereinabove mentioned and described, in accord- "~, 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, 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 him 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 documen~s. 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 b~at 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 5th day of October' -\, 19--Z1-. this ATTEST : ~)r j)~ C Y CLERK OF" THE CITY OF ANAHEIM '" ...... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) .....( I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 71R-438 was passed and adopted at a regular meeting of the City Council held on the 5th day of October , 19 71, by the following vote of the members thereof: --- AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton Pro-Tem AND I FURTHER CERTIFY that the Mayor/of the City o~ Anaheim approved and signed said resolution on the 5th day of Oc to ber , 19..2!.....- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of October , 19 71 ~ ~ J)~f~~ CITY CLERK OF TH CITY OF 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-438 duly passed and adopted by the Anaheim City Council on October 5, 1971. ~~ h ~~~ City Clerk llr. --......