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1967-558 '- RESOLUTION NO. 67&-558 ,..- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL P~T, LABOR, SERVICES, MATERIALS AND EQUIP~NT AND ALL UTILITIES AND TRANSPORTATION iINCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE JEFFERSON STREET, CORONADO S~REET AND LA PAL~ffi AVENUE SEWER IMPROVE~ffiNT, IN THE CITY OF ANAHEIIJi, JOB NO. 1309. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper o~ general circulation, printed, published and circulated in tne City of Anaheim, to wit: The Anaheim Bulletin, on the 13th and 20th days of April , 1967 I 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 ~ecessary to construct and complete in a good and workmanl~ke manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of tne City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Jefferson street, Coronado Street and La Palma Avenue Sewer Improvement, consisting of the construction of 8, 10, 12, 15 and l8-inch V.C.P. sewer lines, including required fittings, in Jefferson Street, from Miraloma Avenue to Coronado Street; in Coronado Street, from approximately 436 feet west of Richfield Road to Jefferson Street; and in La Palma Avenue, from Orchard Drive to approximately 436 feet west of Richfield Road, in the City of Anaheim, including construction of 4-foot I.D. manholes; excavation, backfill and compaction; clear- ing and grubbing; construction of A.C. pavement on aggre- gate base, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 1309. ~~ in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Horks De'.artment and the notice inv~t~ng sea e proposa s, w ~ch sa~d not~ce 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 A~ril , 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 , 19 67 , at the hour of 2:UO o'clock P.M., the City Clerk amd 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, 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 go~d 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 hereina~ove more particularly described and set forth, in public, in ~he City Council Chamber in the City Hall, Anaheim, California, ~nd the City Engineer did tabulate the result of said sealed propqsals and did make a report to the City Council at its next regular meeting; and ~mEREAS, the City Council of ~he City of Anaheim did, at its next regular meet~ng, held on the 2nd day of Hay , 19 67 , at the ijour of 1: 30 0' clock P.M., consider the sealed proposals sub~itted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereu on find and determine that the sealed proposal submitted by FAMC CONSTRUCTION CO. 2840 West First Street Sant for the construction, installation and Jefferson Street, Coronado Street and Palma Avenue sewer im rove- ment, City of Anaheim, Job No. 1309, . here1nabove ment10ne and' described, was the lowest responsib!e proposal submitted tnerefor, and thereupon accepted said bid and did award a contract to said FM~CO CONSTRUCTION CO. for furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, including power, fuel and waterf and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the s~ecifications, plans and drawings, the said public improvement a$ specified in said notice inviting sealed proposals, and did auth~rize the Mayor and the City Clerk of the City of Anaheim to ex~cute a contract for and on behalf of the City of Anaheim with -!AMCO CONSTRUCTION CO. which said day of contract was duly made and entered into on the Nay , 19~; and 4tn WHEREAS, the said Ffu~CO ONSTRUCTION CO. has furn shed all p ant, labor, services, materials and equipment and a~l utilities and trans- portation, and performing all work nece~sary for the construction and completion, in a good and workmanli~e manner, in strict accordance with the specifications, plaps and drawings of said public improvement as specified in the potice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared bytDe Public Wbrks Department , and the contract! made and entered into with it by the City of Anaheim; anp ~. WHEREAS, the Director of P9blic Works has duly certified to the construction ~nd completion of public improvement hereinabove mentione~ and described, ance with the plans and specifications ~nd the contract duly made and entered into with said F~lCO CONSTRUCTION said in accord- documents 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 documents. NOW, THEREFORE. BE IT RESOLV~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 mannetr, 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 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 la\^l. this THE FOREGOING RESOLUTION is approved and signed by me 3rd day of October, 19 67 . ATTEST: 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-558 was intro- duced and adopted at a regular meeting pr~vided by law, of the City Council of the City of Anaheim, held on the 3rd day of October, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, 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. 6YR-558 on the 3rd day of October, 1967. IN WITNESS WHEREOF, I have here~ntp set my hand and affixed the official seal of the City of Anaheim this 3rd day of October, 1967. ~k~~ CI CLElU< 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-558 duly passed and adopted by the Anaheim City Council on October 3, 1967. &-. hr ~~~ . , City Clerk -- -' ,- .. .1