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1975-436 . ...... .-.. RESOLUTION NO. 75R-436 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF ANAHEIM FINALLY ACCEP~ING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, PUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE POLLOW- ING PUBLIC IMPROVEMENT, TO WIT: ALLEY '36 SEWER IMPROVEMENT, N/O LINCOLN BETWEEN OHIO STREET AND ILLINOIS STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1256. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of qeneral circulation, printed, published and circulated. in the City of Anaheim, to wit: The Anaheim Bulletin, on the 29th day of Mav and the 5th day of June , 19 75 , 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: Alley 136 sewer improvement, N/o Lincoln between Ohio Street and Illinois Street, in the City.of Anaheim, consis~inq of the oons~ruction of approxi- mately 381 L.F. of 8" V.C.P., the removal of existing 6" V.C.P., the maintenance of existinq sewer flow and all appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Engineer, Work Order No. 1256. in accordance with the designs, plans, profiles and specifica- tions prepared by the Devartment 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 ~ dAV of lufta ,. 1971:\ . and which said notic~ WHEREAS, on June 12 , 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 propoflal.s 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 performinq 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 desqribed 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, a~ its next reqular.meeting, held on the 17th 4ay of June , 1975 , at. the hour of 1: 30 ." o'clock 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 determin~ that ~he sealed proposal submitted by CITY CO~STRUCTION COMPANY, 17840 E. Verness Street Covina. California 91723. for the construction, installation and completion of said AIle #36 sewer i rovement N 0 Lincoln between Ohio Street an I noia Street.' in the City 0 Anaheim. Work Order No. 1256 !I hereinabove mentioned and described, was the lOWest responsible proposal submitted there- for, and ~hereupon accepted said bid and did award a contract to said contractor for furnishing all plant, labor, services, ma~erials 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 invitinq 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 said contractor, which said contract was duly made and entered into on the 24th day of June , 1975 : and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and ~ranspor~ation, and perfo~ed all work necessary for the con- struction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawinqs of said public improvement as specified in the notice inviting sealed proposals and in ~e detailed designs, plans, drawinqs and specifications prepared by th~ nep~r~mP-~t Qf fub~c W9-~ ' an the contract made and entered nto W1 said contractor by the City of AnaheimJ and WHEREAS, the Qj.r~cJ;Qr 9f pub~c KOi~S has duly certified to the cons~ruc~1on an camp e~ion of sald nuhlit! imnrnvAmAn.... h~rAin"hnvA mAn....in"Ait ;ltn~ d.At'!'r;hAd. in ..,.... miEREAS, the City Council finds that said contractor has completed 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 tile 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 constrpct, 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 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 contract 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, 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 employees, excepting on~y claims aqainst the City for amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and ~he 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 th,1.s 12th day of August , 1911-- ATTEST: ~b.~-(~~ CITY CLERK OF THE ~TY OF ANAHEIM -" -" STATE OF CALIPORNIA ) COUNTY OF ORANGE ) 88. CITY OF ANAHEIM ) I, ALONA M. BOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-436 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of August, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERs: Kaywood. Seymour, Pebley, Sneegas and ThOlD NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-436 on the 12th day of August, 1975. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of August, 1975. ~~.'~~ CITY CLERK OP THE CI OF ANAHEIM (SEAL) It ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No, 75R-436 duly passed and adopted by the Anaheim City Council on August 12, 1975. ~.)n.~~ Cl ty CleDl( . -..,.