1975-361
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RESOLUTION NO. 75R-361
A RESOLUTION OF THE CITY COUNCIL OF 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, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
THE KATELLA AVENUE PUMP~OUSE MODIFICATION,
KATELLA AVENUE AT THE .A.T. & S.F. H.R., IN THE
CITY OF ANAHEIM, WORK ORDER NOS. 9922 & 742-A.
WHEREAS, ehe City Council of ~he 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 Bull~tin, on the 13th and 20th da~s of
March , 19 75 , a notice invit1ng sealed
proposals for furnishing the following:
All plant, labor, services, materials and equipment, and
all utili~ies and transportation, 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 Engineer or
City Clerk of the City of Anaheim, the followinq public
improvement, to wit:
The Katella Avenue Pumphouse modification, Katella
Avenue at the A.T. & S.F. H.R., in the City of Ana-
heim, consisting of the sawcutting of a door opening;
the installation of a door, catwalk, walkway bracket,
one light and a ladder; the relocation of one light
and ladder; the construction of 12 S.F. of P.C.C.
sidewalk; and all other appurtenant work as shown on
the plans and delineated in the specifications on
file in the Office of the City Clerk or City Engineer,
Work Order Nos. 9922& 742-A. .
in accordance with the designs, plans, profiles and specifica-
'tioDs prepared by . the Public "larks Denartment ,
and the notice inviting sealed proposals, which said no~lce
specified 'that sealed proposals as specified in said notice
would be received up until 2:00 o'clock P.M. of the 3rd
day of April , 19 75 , and which said notice did
WH~REAS, on April ~ ' 19 --2.5.-' at the hour
of 2:00 o'clock P.M., the C1ty Clerk and then-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 reqularmeeting, held on the !th day
of April , 19 75 , at the hour of 1:30 .' ole ock 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 ECCO CqNTRACTORS, INC.,
1417 No. Harper, Santa Ana, California 92703
for the construction, ..Tnstallation and completion of said
Katella Avenue pumphouse modification~Katella Avenue at the
A.T. & S.F. R.R., in the City of Anaheim, Work Order Nos. 9922
and 742-A
hereinabove mentioned and
described, 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 with said contractor,
which said contract was duly made and entered into on the 14th
day of i\pril , 19 75 : and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, 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 drawinq.
of said public improvement as specified in the notice inviting
sealed proposals and in the detailed desiqns, plans, drawinqs
and specifications prepared by the Public Works
Department , and the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction and completion of said
public improvement hereinabove mentioned and described. in
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WHEREAS, the City Council finds that said contractor
has completeg 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 Ci ty 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 qood 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 con~ractor thirty-five
(35) days from and after final acceptance of said work as evi-
dence by the adoption of this resolu~ion, 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
~he contractor for anything done or furnished or withheld or
for anything relating to the work or .any act or neqlect of the
City, its officers, agents and employees, excepting on~y 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 ~he City of Anaheim be, and ~hey ar~ hereby
authorized to execute and file a notice of completion of said
work 88 required by law.
THE FOREGOING RESOLUTION is approved and siqned by me
this 15th day of Julv , 19~.
ATTEST:
~ ~. ~ =Ye:vl~
CITY CLERK OF HE ITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 75R-361 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 15th day of July, 1975,
by the following vote of the members' thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 75R-36l on the 15th day of
July, 1975.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 15th day of July, 1975.
[~h7.~
CITY CLERK OF THE CI OF ANAHEIM
(SEAL)
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregOing is the original of Resolution No.
75R-36l duly passed and adopted by the Anaheim City Council on
July 15, 1975.
(~ev )}l. )~4-.~
City Clerk ,
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