71R-392
RESOLUTION NO.
71R- 392
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AllD 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 DALE AVENUE SEWER IMPROVEMENT FROM
APPROXIMATELY 63 FEET SOUTH OF TO APPROXI-
MATELY 600 FEET SOUTH OF LINCOLN AVENUE,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 1233.
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 June 3rd and June lOth
, 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
improvement, to wit:
The Dale Avenue Sewer Improvement from approximately 63
feet south of to approximately 600 feet south of Lincoln
Avenue, in the City of Anaheim, consisting of the construc-
tion of 471 lineal feet of S" VCP including laterals, man-
holes, trench resurfacing 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. 1233.
in accordance with the designs, 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 17th day of
June , 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 June 17 , 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 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 22nd
day of Jun-e----- , 19 71 , at the hour of 1:30 olcroc~
P.M., consider the sealed 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 MUNOZ & SONS CONSTRUCTION.
127 Topan9a Drive~Anahe~California 92804
for the constructrOD; 1nstalrat1on~ complet1on of sa!a-
Dale Avenue Sewer IaprovementL Work Order~L-1233 --------
here1nabove mentioned
ana-describeQ; was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said Munoz & Sons construct~on
for urnfshing~aIl plant, rabor;---
services, materials and equrpment 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 Munoz & Sons
Cons~ruction which said
contract was duly made and entered into on the 25th day of
June , 192!-i and
Munoz & Sons ConStru~~R
has furnished all plant, labor,
iirY1ces, materiars 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 DeDartmen~ of ~ub1ic W~~R
, and the contract ma e an entered 1nto
with it -by ~he City of Anaheim; and
WHEREAS, the said
WHEREAS, the Di~ept:~ of P'fl it! )lr\"'l{- _
has duly certified to the construct10n an complet1on 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 Munoz & Sons
Cons~ruction ________~ 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 City 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 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 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 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
31st day of __Augus~_____, 19 71_.
this
LU ~M/~-
~THE CITY OF ANAHEIM
ATTEST:
() -- )(j)~
~LERK OF THE CITY OF ANAHEIM
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I..........
STATB OF CALIPORNIA )
COUR'fY OP ORANGE ) SS .
CITY OP ANAHEIM )
.............
I. DBRE M. DAOUST, Cit.y Clerk of t.he Cit.y of Anaheim,
do hereby certify that the foregoing Resolution No. 71R-392 was
passed and adop'ted a't a --------- reqular mee'tinq of the Ci'ty
Council held on the 31st day of August-, 19 71, by the following
vote of the 1IleJIbers eiireof: -
AYBS:
COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton
HOBS:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
AND I PtJRTBER CBRTIFY that the Mayor of the City of Anaheim
approved and siqned said resolu'tion on 'the ~ day of August,
19..ll. ·
IN WITNESS WHEREOP, I have hereunto set my hand and affixed
the seal of 'the City of Anaheim 'this 31st day of August, 19 71 .
~ );(. j)~
eI CLERK OF THE CITY OP ANAHEIM
(SBAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 71R-392 duly
passed and adopted by the Anaheim City Council on August 31, 1971.
~)(. iJ~<,
City Clerk