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1973-451 RESOLUTION NO. 73R-451 ,'-' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, ~~TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND \"lATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:' THE KATHRYN-LINDSAY ANNEXATION SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1245. 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 31st day of May and the 7th day of June , 19 73, a notice inviting 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 Kathryn-Lindsay Annexation sewer improvement, in the City of Anaheim, consisting of the construc- tion of approximately 4121 L.F. of 8" V.C.P., 3306 L.F. of 4" V.C.P., 15 4' I.D. manholes, P.C.C. en- casement, trench resurfacing; 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 Engineer, Work Order No. 1245. in accordance with the designs, ~lans, profiles and specifica- tions prepared by the ~ub11c Works Dep~rtmen~ . ' and the notice inviting sealed proposals, wh1ch sa1d not1ce specified that sealed proposals as specified in said notice would be received up until 2: (yO 0 I clock P. M. of the 14th day of June 19 7.j , and which said notice did state and declare that, ~ursuant 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 1~b9r needed ,,- to execute said contract, and did state that the preva1l1ng ~ourly wage scale so ascertained was on file in the Office of the C1ty Clerk; and -1- -.. WHEREAS, on June 14 , 3.9 :!~,;;lt the hour of o'clock P.M. ,-ihe Clty Clerk and the Cl~y Englneer of the Cl ty of Anabei m dl.d open sa1d sealed proposa Is rece i. ved I1p to that time for t.he furn.1shing of all plant , labor, serV.l ces . materials and equlpment, and all utIlI ties and transportatlor" including power, fuel and water, and performing all work neces.- sary to construct and complete, "l.n a good and workmanlike manner. In strict accordance wlth the speclf.1cations, plans and draw"ngs therefor on file 1n the Office of the City Clerk of the CIty of Anaheim, the publ.1C .tmprovement herel.nabove more particular'). y described and set forth, in public, ~n the Cl.ty CouncIl Chamber in the City Hall, Anaheim, California, and the City Engl.neer old tabulate the result of said sealed proposals and d1d make a report to the Ci 't~{ C'ouneil at its next ---------- regula,! meetl.ng; and 2:00 WHEREAS, the Clty Council of the City of Anaheim did, at its next -------- regular meet~ng, held on the 19th day of Jtlne- , 19--12.., at the hour of 1: 30 0' ciock 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 determ1ne that the sealed proposal submitted by TONY PIPELINE CONSTRUCTION _ 708 New Depo't Street, Los Anqeles, California for the construction, l.nstallation and completion of sa1d Kathr n-Lindsa annexation sewer im rovemen . the City of Ana el.m, Work Order No. 1245 erel.naoove mentloned arid desc:tlbed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said TONY PIPELINE CON~T~VCTIOr for furnls ing a I plant, labor, servlces, 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 str1ct accordance with the specifications, pl,ans and drawings, the said public improvement as specified in said notlce invlting sealed proposals, and did author~ze 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 PIPELINE CONSTRUCTION contract was duly made and entered ~nto on the June , 19~; and wh.1ch sa:Ld 22nd day of TONY PIPELINE CONSTRUCTION has furnished all plant, labor, serv~ces, mater~als 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 Public Works Department , and the contract made and entered into w~th it by the City of Anaheim; and WHEREAS, the said ,- WHEREAS, the Director of Public Works has duly certified to the construction and complet.1on of sa~d 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 PIPELINE CONSTRUCTION ; and -2- - WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu' larly described in accordance with the prov1sions of the contracL and the contract documents, and that notlce of completion should be filed and payment of the balance due said contractor author~zed 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 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 \,'1 tb' held by the City at the time of such payment. AND BE IT FURTHER RESOLVED tihat the Mayor and the Clty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as requ1red by law. THE FOREGOING RESOLUTION is approved and signed by me 2nd day of October , 19~. thlS ATTEST: ~ );t. j)~ CITY CLERK OF THE CITY OF ANAHEIM - -)- - - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -" I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-45l was passed and adopted at a regular meeting of the City Counc1l held on the 2nd day of October , 19 73 , by the following vote of the members thereof: --- " AYES: COUNCIIJ-1EN: Stephenson, Sneegas, Pebley, Thorn and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Al~D I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 2~d day of October , 19-1)__. IN WITNESS vlliEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of October , 19~. ~)r, J)~ CITY CLERK OF THE 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. 73R-45l duly passed and adopted by the Anaheim City Council on October 2, 1973. ~)XN~ City Clerk -.,