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1967-561 -- RESOLUTION NO. 67~- 561 ,-..-- A RESOLUTION OF THE CITY COUN~IL OF THE CITY OF ANAHEIM FINALLY ACCEPTING ~HE COMPLETION AND THE FURNISHING OF ALL P~T, LABOR, SERVICES, MATERIALS AND EQUIP~NT AND ALL UTILITIES AND TRANSPORTATION !INCLUDING POWER, FUEL AND WATER, AND THE PERFQRMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT,. TO WIT: THE LA PALMA AVENUE SEWER IMPROVEMENT, FROH APPROXIMATELY 100 FEET WEST OF IMPERIAL HIGHWAY TO ORCHARD DRIVE, IN THE CITY OF ANAHEIM, JOB NO. 1308. WHEREAS, the City Council of the 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 Bulletin, on the 13th and 20th days of April , 19 67 , 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 tne City of Anaheim, the following public improvement, to wit: The La Palma Avenue Sewer Improve- ment, consisting of the construction of 6, 8, 10, 12 and lS-inch V.C.P. sewer line, including required fittings, in La Palma Avenue, from approximately 100 feet west of Imperial Highway to Orcnard Drive, in the City of Anaheim, including excavation, backfill and compaction; construction of 4-foot I.D. manholes; clearing and grubbing; jacking minimum 24-inch steel casing, and appurtenant work as more particularly set fortn in tne plans and specifications on file in the Office of tne City Clerk or City Engineer, Job i'Jo. 130<3. ....-,... in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De~artment 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 27th day of April , 19 67 , 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 ascer- tained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- - - -- ,..,-. WHEREAS, on April 27 , 1967 , 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 seale4 proposals received up to that time for the furnishing of all wlant, 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 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 regular meeting, held on the 2nd day of May , 19 67 , 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 determine that the sealed proposal submitted by Fill~tO CONSTRUCTION CO., 2840 West First Street, Santa Ana, California, for the construction, installation and completion of said La Palma Avenue Sewer 1m rovement ay"rox. laO' W. of 1m eria way to Orchard Drive, Job No. 1308. here1nabove ment10ne and described, was the lowest responsible proposal submitted tnerefor, and thereupon accepted said bid and did award a contract to said FAMCO CONSTRUCTION CO. for furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, 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, 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 FAr1CO CONSTRUCTION CO. which said contract was duly made and entered into on the 5th day of May , 19~; and WHEREAS, the said .I!'Alv.ICO COt'!STRUCTION CO. has furn1shed all plant, labor, services, materials and equipment and all utilities and trans- portation, and performing all work necessary for the construction 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 inviting 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 it 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 accord- ance with the plans and specifications and the contract documents duly made and entered into with said F~v.ICO CONSTRUCTION CO. ; and -2- ~ - - ,- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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 documepts. NOW, THEREFORE, BE IT RESOL~D by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, amd the performance of all work necessary to construct, install and com- plete, in a good and workmanlike manner, in strict accordance with the specifications, plans and dra~ings 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 provisions of the contract documents, and that the balance due said con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance 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 acceptance by the contractor of said payments made in accord- ance 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 neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for amounts with- held 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 notice of completion of said work as required by law. this THE FOREGOING RESOLUTION is approved and signed by me 3rd day of October , 19 ~ ~~ 'lAY FTC ~Y OF' N~ ATTEST: ~ k 2)"- J'-L . ~ CIT CLERK OF THE CITY OF ANAHEIM ,-..., -3- "~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 67R-561 was intro- duced and adopted at a regular meeting ~r~vided by law, of the City Council of the City of Anaheim, held on t~e 3rd day of October, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein and Chandler NOES: COUNCIlMEN: None TEMPORARILY ABSENT: COUNCILMEN: Pebley ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 67R-561 on the 3rd day of October, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 3rd day of October, 1967. ~k~~ CI CLERK OF THE CITY OF ANAHEIM (S EAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 67R-561 duly passed and adopted by the Anaheim City Council on October 3, 1967. L A- '2L;~ City Clerk , 1 .. -