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71R-393 STATE OP CALIFORNIA ) COmrry OP ORANGB ) SS. CITY OF ANAHEIM ) t:-_ I, DBNE M. DAOUST, City Clerk of the City of Anaheim, do hereby cert.ify t.hat. t.he foregoinq Resolut.ion No. 71R-393 was passed and adopted at a -------- regular meet.ing' of the City Council held on the 31st day of August , 19 71 , by t:he f01lowinq vote of the members tJiireof: - AYES: NOBS: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None ABSEN'l': COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the Cit.y of Anaheim approved and si9lled said resolution on the 31st day of August , 19 71 . IN WITNESS WBEREOP, I have hereunt.o set my hand and affixed the seal of the City of Anaheim this 31st day of August, 19~. ~ Ix. ~~ CLERK OF THE C OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anahe~, do hereby certify that the foregoing is the original of Resolution No. 71R-393 duly passed and adopted by the Anaheim City Council on August 31, 1971. A1- Mj~ City Clerk ,. RESOLUTION NO. 71R-393 ,~ 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 BALL ROAD SEWER I~IPROVE}.mNT FROM STATE COLLEGE TO HARBOR BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1229. 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 27th day of May and the 3rd day of June , 19 11 , 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 Ball Road Sewer Improvement from State College to Harbor Boulevard, in the City of Anaheim, con- sisting of the construction of 452 lineal feet of 8n VCP, 221 lineal feet of 6" VCP, manholes, trench resurfacing and appurtenant work as more particularly set forth in tne plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 1229. in accordance with the designs, plans, profiles and specifica- tions prepared by ~hA DeDar~..nt of Public Works , 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 10t:h 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 wages 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 -1- ,...-.. . WHEREAS, on June 10 , 19 71 , at the hour of 2:00 o'clock P.M., the City Clerk and the C1ty 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 drawinqs 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 lS~ day of June , 19 71_, at the hour of _~~ o'croc~ 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 determine that the sealed proposal submitted bY___De Leon CQDAt~ugttQD Co., 207 CoffJlan Avenue, Anahe!mL- Californ1A for the construction,:rDstallat1on and compIetion or-ia1d Ball Road Sewer ~provementL-Work Order No. 1229 -- herefnabove mentioned ana-described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said De Leon Construction Co. ------ for furnishing all plant, fabor;--- services, materials and equIpment and all utilities and transpor- tation, 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, 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 wi~h De Leon ConB~ruc~ion Co. ----- which said contract was duly made and entered into on the 18~ day of June _, 19~: and WHEREAS, the said De Leon const.ruatiop-Csl.,- has furnished afl p ant, labor, services, materials and eqUIPment 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 desi~ns, plans, drawings, and specifica~ions prepared by the Deparement of Public Works , and the contract made and entered into with it: _ by ~he City of AnaheimJ and WHEREAS, the Dir.!:to~ of Public Wgr~__ .-- has duly certified to the construct1on and complet1on of sa1d public .~provement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly~ade and entered into with said De Leon Const.ruction co. --- and ___, -2- ,...,.--.., 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 Ci ty 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 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 wi th- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED 't'tlat the r.layor 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 this 31st: day of August: , 19--21-. ~~ ~ 0~~ OR OF THE CITY OF ANAHEIM ATTEST: Ct' ANAHEIM ,J -3-