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57R-3969 ~-- .,-. RESOLUTION NO. 3969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE LINCOLN AVENUE SEWER IMPROVEMENT, FRoM (z.L~.l!;Hl' ~1~~,T~0~3~O~~9:~ST OF' BRboKHUHST circulation, printed, published to wit: The Anaheim Bulletin, , 19 57 , owing: - 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 Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: The Lincoln Avenue Sewer Improvement, from Gilbert Street to 230 feet West of Brookhurst Street, consisting of the con- struction of V.C.P. sewer laterals in Lincoln Avenue from Gilbert Street to 230 feet West of Brookhurst Street, including trenching, manhole construction, backfill, jacking, resurfacing and appurtenant work, as indicated on the plans, Job No. 1094, ,- in aocordance with the designs, plans, profiles and specifications pre- pared by Geor e E. Hol oke, Cit En ineer and the notice inviting sealed proposa s, w ic said notice specif ed at sealed proposals as specified in said notice would be received up until 7:00 o'clock P. M. of the 1st day of May , 19 57 , and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exeoute said contract and did set forth the prevailing hourly wage scale so ascer- tained; and an adjourned WHEREAS, at >>I regular meeting of the City Council held on the l~t day of MaY , 19 57n' at the hour of t: 00 0' clock P. .. of said date, said Oity Councrr-did hold a public earing for the purpose of opening sealed proposals received up to that time, for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, including power, fuel and water, and per- .""c.~ -1- - forming 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, of the public improvement hereinabove more particularly described and set forth; and ,'-' WHEREAS, the City Council did thereupon refer said bids to the Oit En'ineer for examination, tabulation and report to e ty ounc ,an sa d City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in ad ourned regular session on the 1st day of May , 1 , at the hour of 7:00 o~clock P.M. to consider the sealed proposa s submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the City Engineer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by A. H. FAMULARO, P. O. Box 2)9, Santa Ana, California for the construction, installation and completion of said L~NOOLN AVENUE SEWER IMPROVEMENT 6 FROM GILBERT STREET TO 2)0 FEET WEST 0.1" BROOKHURST STREET, JOB N . 1094 hereinabove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award aeon trac t to said A. H. FAlifiJLARO for furnishing 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 speci- fications, plans, and drawings, the said public improvement as specified in said notice inv1.ting 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 A. H. FAl4ULARO , which said contract was dUly made ana:- entered into on the 2nd day of May , 19--21.; and WHEREAS, the said A. H. FAMULARO has furnished all plant, labor, services, materials ~equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and work- manlike manner, in strict accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by Geor'''e E. Hol oke Cit En ineer , and the contract ma e an entered nto w him by the City of Anaheimj and WHEREAS, the City Engineer fied to the construction and completion of said pUblic inabove mentioned and described in accordance with the tions and the contract documents duly made and entered A. H. FAMULARO has duly certi- improvement here- plans and specifioa- into with said ; and - WHEREAS, the City Council finds that said contractor has com- pleted said public improvement hereinabove more particularly described in accordance with the provisions of the contract 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 Oity of Anaheim that all plant, labor, services, materials and equipment -2- r- .- - "..-.. - and all utilities and transportation, and the performanoe of all work necessary to construot, install and oomplete, in a good and workmanlike manner, in strict aocordanoe with the specifications, plans and drawings therefor on file in the offioe of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto of said publio improvement hereinabove more partioularly described and set forth, in the City of Anaheim, by said oon- traotor, be, and the same are hereby, acoept&d, subject, neverthe- less, to all the terms, oonditions and provisions of the oontract doouments, and that the balance due said oontraotor for said work be paid to him thirty-five (35) days from and after final acoeptanoe of said work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptanoe by the oontractor of said payments made in aocordance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, 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 neg- leot of the City, its officers, agents and employees, excepting only claims against the City for any 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 notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of Jul Y , 19 57 c:~~~2 ~ MAY OF A" ,-, ATTEST;. \ <~'J?t( /h ~~4-- ~ ~ ~/ ,j Vb ,,~ . . . L .~ /l I"-/-,, ~ ,. ~lW ..~ 0 T~ CIT~t1AHEIM OEPUTY CITY CLERK CITY OF ANAHEiM -3- - STATE Of CAL!FOJU[[A ) QlV.IlY OF <:llWf3I ) as. CITY OF AlfjUfSIJI ) .~ - I, DEllE M. WILLI_, City Clel'l cf the City ofAn.ah&1a, to .re.lty C&l'tify that the foregoing R.$~luUOft .as ~y passed _t aupted at an adjoumed reg\llar .eting of the City Council elf the City of Anaheia, held on the 2nd day of ~y, 1957, by the fOllew1.at vote of the ._1'$ thereofl AYES I COUEIUIINI Pearson, Coons, Fry and. $duttte un COUJICILIIE)b None AllSEJIT I COUHCII"EJh Wisser - I PUKD.ER CD.nFY that the Jkror of the City of.ln.llJut1a approved and signed said Resolution on the 2nd day of JUly, 1~7. ]J( WITJIESS WHEREOF, 1 have hereliRto Set Jrf haJtcI a.ftd affixed the seal of the City of ABalleill this 2nd day of JUly, 1957. (SEAL) /J~/-~ J/~~ .. CI1Y_CLDlC OF DIE CITY 6F ~ ~~~.~~ DEPUTY CITy CL.ERK CITY OF ANAHEIM ~