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RESOLUTION NO. 81-143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AWARDING THE CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the City Council of the City of Santa Ana by Resolution No. 81-141 heretofore adopted on September 21, 1981, ordered the work, acquisitions and improvements described in Resolution No. 81-119, adopted on July 20, 1981, in an assessment district designated Assessment Dis- trict No. 246 also described and referred to in Resolution No. 81-119; and WHEREAS, the clerk of the City of Santa Ana, on October 13, 1981, publicly opened, examined and declared all sealed proposals for doing the work and making the improve- ments as described in Resolution No. 81-119; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA, as follows: 1. The City Council hereby rejects all bids, except that of Donlan Corporation , to whom the City Council hereby awards the contract for doing the work and making the improvements, at the lump sum and unit prices named in its bid on file in the office of the City Clerk. 2. The City clerk is hereby directed forthwith to give written notice to the successful bidder that the contract has been awarded to it. 3. The City Council hereby authorizes and directs the Mayor and the City Clerk, on behalf of the City of Santa Ana, to execute a written contract with the successful bidder for the work and improvements, in the time, form and manner provided by law, the contract to be in substantially the form of agreement set forth in the invitation for bids. 4. Notwithstanding the provisions of the foregoing paragraph 3, the adoption of this resolution or the execu- tion of the contract, all of the City's obligations arising under the contract, this resolution or otherwise, (excepting only the obligation imposed by law on the successful bidder, as described in paragraph 5(a) and 5(b) below) are expressly conditioned upon the City's receipt on or before 60 days from the date hereof, of the monies for the purchase of the assessments bonds to be issued in these proceedings, and the deposit of same in the City Treasury in a special improve- ment fund to be established for Assessment District No. 246. 5. Ail of City's obligations arising under the contract or this resolution are further expressly condi- tioned upon the occurrence of each of the following on or before 60 days from the date hereof: a. The execution of the contract by both the low bidder and City; and The deposit with the City of all surety bonds and evidences of insurance, as re- quired by the specifications.