71R-438
RESOLUTION NO.
71R-438
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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 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.
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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
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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
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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 :
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C Y CLERK OF" THE CITY OF ANAHEIM
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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
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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.
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City Clerk
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