Resolution No. 73881
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON ACCEPTING THE WORK OF DE LA CRUZ
CONSTRUCTION, INC. IN ACCORDANCE WITH
CONTRACT NO. 539 OF THE CITY OF VERNON
WHEREAS, De La Cruz Construction, Inc. was awarded
Contract No. 539 for work on Vernon Gas Distribution, Phase
II pursuant to Resolution No. 7042 of the City of Vernon;
and
WHEREAS, on June 28, 1999 the Labor Commissioner
requested that the City withhold payment in the sum of Three
Hundred Thirty-five Thousand Nine Hundred Twenty-eight
Dollars and Eighteen Cents ($335,928.18) and pursuant to the
Labor Code the City has withheld that amount, plus twenty-
five percent ( 2 5 °s ) of said amount; and
WHEREAS, Samuel Kevin Wilson, Director of
Community Services & Water has reported to the City Council
of the City of Vernon on July 28, 1999 that said work has
been completed and recommends that the work be accepted and
payment be made to the Contractor in accordance with the
agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The work of De La Cruz Construction,
Inc. pursuant to Contract No. 539 is hereby approved and
it
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accepted by the City Council of the City of Vernon.
SECTION 3: The total contract amount is Three
Million Thirty-three Thousand Three Hundred Ninety-five
Dollars and Eighty Cents ($3,033,395.80). Pursuant to the
Labor Code the City of Vernon is in receipt of a request
from the Labor Commissioner of the State of California to
withhold Three Hundred Thirty-five Thousand Nine Hundred
Twenty-eight Dollars and Eighteen Cents ($335,928.18). The
City withholds one hundred twenty-five percent (125%) of all
claims. Therefore, the total claim to be withheld is Four
Hundred Nineteen Thousand Nine Hundred Ten Dollars and
Twenty-three Cents ($419,910.23). The City was previously
withholding Two Hundred Fifty-two Thousand Ninety-three
Dollars and Seventy-five Cents ($252,093.75). Therefore, of
the funds due to De La Cruz Construction, Inc., One Hundred
Thirty-five Thousand Five Hundred Twenty-three Dollars and
Eleven Cents ($135,523.11) is payable thirty-five days after
the adoption of this resolution. The remaining Four Hundred
Nineteen Thousand Nine Hundred Ten Dollars and Twenty-three
Cents ($419,910.23) will be paid after the Labor
Commissioner's claim is resolved.
SECTION 4: The City Council of the City of Vernon
hereby directs payment of said sums as set forth to
De La Cruz Construction, Inc. and instructs the City Clerk
to file a notice of completion with the County Recorder.
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SECTION 5: The City Clerk of the City of Vernon
shall certify to the passage of this resolution and
thereupon and thereafter the same shall be in full force and
effect.
APPROVED AND ADOPTED this 3ra day of August 1999.
EONIS C. MALB G, Ma or
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution,
being Resolution No. 7388, was duly adopted by the City
Council of the City of Vernon at a regular meeting of the
City Council duly held on Tuesday, August 3, 1999 and
thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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