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1975-497 - ........... RESOLUTION NO. 75R-497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEP~ING THE COMPLETION AND THE PURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT:. DOUGLAS ROAD PUMP STATION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 828. 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 20th and 27th d~vs of fPh~~~~y __, 19-15--, a notice inv1ting sealed proposals or urnlshing the forIOWrng: 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 fmprovement, to wit: The Douglas Road Pump Station, Douglas Road at the A.T. & S.F. R.R. Railway Underpass, in the City of Anaheim, consisting of the construction of reinforced concrete catch basins and junction structures; the placement of A.C. paving; the construction of P.G.C. curb and gutter; the installation of approximately 93 L.F. of 18" R.C.P.; the installation of two (2) 1000 gpm submersible pumps inclu~1ng all mechanical and electrical work; and all appurtenant wo~k as shown on the plans and delineated on the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 828 in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works DeDartm~t , and the notice inviting sealed proposals, which said notice specified ~hat sealed proposals as specified in said no~ice would be received up until 2iOO o'clock P.M. of the 'ai~ day of March , 19 75 , and which said notice WHEREAS, on March 13 , 19 75 , 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, servi- ces, materials and equipment, and all utilities and transporta- tion, 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 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 - - - reqular meeting, held on the 25th day of 11arcil , 1975 , at the hour of 1:30 .' o'clock P.M., consider the sealed proposals submitted for furntshing ~e materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by Been CONTRACTORS, INC., 1417 ;]or-th Harper f Sa~l'ta i\na, Calif~rnia 92703 for the construct1on, .1nstallation and completion of said Douqlas Road p\llnp station, in t.l'le City of 'l~naheim, Work Order do. 8 2 8 , hereinabove mentioned and des~ribed, was the lowest responsible proposal submitted there- for, and thereupon accepted said bid and did award a contract to said contractor for furnishing 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 man- ner, 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 said con~rae~or, which said contract was duly made and entered into on the 1st day of' April , 19 75 ; and WHEREAS, the said Qontractor has furnished all plant, labor, services,. materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of gaid public improvam9nt as sp9cified in the noticQ inviting sealed proposals and in the detailed. designs, plans, drawings and specifications prepared by the Public 'Vlorks ~epartI:'~an.t , and the contract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the Director Qf P~l.ic wO;J;:tEl has duly certified to the construction and camp etion of sald nnbli~ ;mnrnV,:llmlani- h~"'Ain,.hnv~ mAn...inn,.~ ;tnn nAAt"'!,....hlan. in WHEREAS, the City Council finds tha~ said contractor has completea said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract 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 per- formance 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 te~s, conditions and provi- sions of the contract documents, and that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and after final acceptance of said work as evi- dence by the adoption of this resolution, but. not sooner than thirty (30) days after the date of the filing of notice of com- pletion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said con~rac~ and contract documents. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, aqents and employees from all claims and liabili~ies 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 employees, excepting only claims against the City for amounts withheld 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 this 16-th day of SeutenthAT ,19~. ATTEST: r--- - ~ )?? 44-~ at,pl-/ CITY CLERK OP THE eI" OF ANAHEIM ..-.,.. --......, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-497 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 16th day of September, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Sneegas AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-497 on the 16th day of September, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of September, 1975. c~~. ~~p CITY CLERK OF THE CITY ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do he~eby certify that the foregoing is the original of Resolution No. 75R-497 duly passed and adopted by the Anaheim City Council on September 16, 1975. ~~ "m. ~/~~ City Clerk --....