1975-352
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RESOLUTION NO.
75R-352
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A RESOLUTION OP 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 PEE ANA STREET SEWER IMPROVEMENT, IN THE
CITY OF ANAHEIM, WORK ORDER NO. 1254.
WHEREAS, the City Council of ~he City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, published and circula~ed in the City of Anaheim, to
wit: The Anaheim BUllotin, on ~9~ 2p~h anq '7t~ dfYi o~
Fab~u~~~ , 19_15. _ , a no~ice 1nv t ng sealed
propo8a~s for furnishing €ne foIIOWrng:
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 qood and workmanlike manner, in strict
accordance with the specifications,. plans and drawinqs
therefor on file in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
~provement, to wit:
The Fee Ana Street sewer improvement, from approximately
536 feet north o~ La Palma to La Palma, in the City of
Anaheim consisting of the construction of approximately
557 L.F. o.r 8" V.C.P., 6" V.C.P. laterals, 4' I.D. man-
holes, trench resurfacing and all 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 No. 1254.
in accordance with the designs, plans, profiles and specifica-
tions prepared by ~9 P'll;)~~~ WOJl'klil ns.~aT't:1])~~ '
and the notice invit nq sea e proposa s, Wh c said notice
specified that sealed proposals as specified in said no~ice
would be received up until 2:00 o'clock P.M. of 'the 13th
day of __.!"I~ch , 19 J5 , and which said notice did
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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,
a~ its next - - - regular.meeting, held on the 25th day
of March , 19 75 , at the hour of 1:30 ." o'clock P.M.,
consider the sealed proposals submitted for furnishing the
materials and perfonniug the work hereinabove more particulax-ly
described and set forth, and did thereupon find and determine
that the sealed proposal submitted by ESPINOSA AND ESPINOSA,
INC., 2514 Jacaranda, Santa Ana, California 92701
for the construction,'Installation and completion of saia
Fee Ana Street sewer improvement, in the City ef Anaheim, Work-
Order No. 1254
hereinabove mentioned ~nd
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 Ci ty of Anaheim wi t.h said contracto'r,
which said contract was duly made and entered into on the ls~
day of' April , 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 drawings
of said public improvement as specified in the notice invitinq
sealed proposals and in the detailed designs, plans, drawings
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
has duly certified to t e construct1on and comp et10n of sa
public improvement hereinabove mention~d An~ ~~A~~ihAn_ ~"
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WHEREAS, the City Council finds that said contrac~or
haa completeo said public improvement hereinabove more particu-
larly described in accordance with the provisions of ~e con-
~ract 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, toqether
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 ehe contract documents, and that the balance due said
contractor for said work be paid to said contrac~or 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 contrac~
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 liabilities due
the 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 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
auehorized to execute and. file a notice of completion of said
work as required by law.
THE FOREGOING RESOLUTION is approved
this 8th day of Jul v , 1925-.
me
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ATTEST:
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(<..~ ) /7. )~ cdr a-1...L--'
CITY CLERK OF THE TY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, ALaNA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution Nb. 75R-352 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 8th day of July, 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-352 on the 8th day of
July, 1975.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 8th day of July, 1975.
~ )/7. ~ 4--ovt,l--
CITY CLERK OF THE CITY ~F 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.
75a-~52 duly passed and adopted by the Anaheim City Council on
July 8, 1975.
('Ub-7l-<U )77. ~ 4---.&VI~
City Clerk #
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