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57R-3852 ,,,,",'-'< "- ~ RESOLUTION NO. 3852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING TaE 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 CONSTRUOT AND COMPLETE THE FOLLOWING PUBLIO IMPROVEMENT :j:ON~TRUCTION OF A STORl~ DRAIN AT THE IN~~C_ION OF . LOS ANGELES AND SOUTH STRE~TSi JOB NO.1;;. -- All plant. labor. services. 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 plans and specifications on file in the Office of the City Clerk or the City Engineer of the City of Anaheim, the following public im- provement: The construction of a storm drain at the intersection of Los Angeles and South Streets, in the City of Anaheim. including all equipment. castings, structures, excava- tion and appurtenant work as indicated on the plans, Job No. 133. in aooordanoe with the designs. plans, profiles and speoifioations pre- pareCi. by Geor€ie E. Hol..zoke CitX Engineer and the notioe 1nv1t1~ sealed proposal', whioh said not1oe speoified that sealed proposals as specified in said notice would be reoeived up until_7:00 o'clook P. M. of the 13th clay of February , 19.iZ..... anCf whioh said notioe did state and declare that, pursuant to the provision.s of Seotion 1770 ot the Labor Code. the City Oounoil of the Oity of Anaheim had asoertained the prevailing rate of wages for eaoh type of labor needed to exeoute said oontraot and did set forth the prevailing hourly wage scale so ascer- ,-.. tained; and WHEREAS. at a regular meeting of the Oity Counoil held on the \fth day of February , 19.--5L_. at the hour of 7:0f o'olook P. .. of said date, said Oity Counorr-aid hold a publio hear ng tor the purpose of opening sealed proposals reoeived up to that time. for the furnishing of all plant. labor, servioes. materials, and equipment, and all utilities and transportation, inoluding power. fuel and water, and per- -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 -..,< .-.' Council did thereupon refer said bids to for examination, e y ounci, '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 regular session on the 13th day of February. ,19 52.. . , at the hour of 7: 00 0 !clock P. M. to consider the s!ealed proposi!s submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Citl Engineer of the City of Anaheim did t ereupon 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 FAMULARO-STROMBERG, INC. 11421 East Bolsa St. (P. O. Box 299) Santa Ana, California for the construction, installation and completion of said storm drain at the intersection of Los Angeles and South Streets, Joe No. 133 hereinabove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said FANULARO-STROMBERG, INC. 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 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 FAl~LARO-STROMBERG, INC. , which said contract was duly made and entered into on the 15th day of February , 19-21..; and WHEREAS, the said FAMULARO-S1~OMBERG, INC. has furnished all plant, labor, services, materials BIUr 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 made and en ere nto w it by the Oity of Anaheim; and WHEREAS, the City Engineer has duly certi- fied to the construction and completion of said public improvement here- inabove mentioned and described in accordance with the plans and specifica~ tions and the contract documents duly made and entered into with said FAl~LARO-STROMBERG. INC. ; 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- - ",-... -~ -- - and all utilities and transportation, and ~he performanoe of all work neoessary to construot, install and cqmplete, in a good and workmanlike manner, in striot aocordance w$th the specifications, plans and drawings therefor on file in the offioe of the Oity Clerk of the City of Anaheim, together with the appurtenances thereto of said public improvement hereina~ove more particularly described and set forth, in the City of An~eim, by said con- tractor, be, and the same are hereby, accep~ed, subJeot, neverthe- less, to all the terms, conditions and provisions of the contraot documents, and that the balanoe due said contraotor for said work be paid to 1t thirty-five OS) days from and after final acceptance of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notioe of completion, exo~pting only such sum or sums as may lawfully be withheld in aooordance with the provisions of said contract and contract documents. That acceptance by the contraotor of said payments made in accordance with said final I estimate shall operate and shall be a rele$se to the Oity of Anaheim, its offioers, agents and employees from all olaims and liabilities fule the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neg- lect of the City, its offioers, agents and employees, exoepting only claims against the City for B-ny amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the Oity Clerk of the City of Anaheim be, and they are hereby authorized to exeoute and file a notice of oompletion of said work as, required by law. THE FOREGOING RESOLUTION is signed and approved by me this 1st day of May . 19 57 ~<~----- _.~ ~ ATTEST: ~~i~~IH -3- ........" - sun OF CALll'OUIA ) COOl'!! 0' 0I.lIGI )ss. em OF .umnr ) """"' .- I, DID H. WII..I.J:.UE, City Clerk of the City of Anaheim, de hereby certify that the foregoing ReBo~utiOJt was duly paned a1td a.dopted at an adjouraed reqular :meeting of the City COUll.cil of the City of AnaheiJll, held on the 1st ~y of }fay, 1957, by tke followiJlg vote of the members thereof:. AlDJ: COUIClumJ: Pea.raon, aoons., Fry and Wisser .IS: COUl(CIIXl)h lIlone AJBDT: COUlfCIIHD: Schutte AD I rumiIR CmI1Y that the Jfayor Af t.he City of Anaheim approYed and signed said Re1JolutiQn on the 1st ~ of May, 1951. II liITNll!I8 WHEREOF, I have hereunto set my hand and affixed. the 8~1 of the City of Anahe:iJathis 1st day of }fay, 1951. ~ ' c~ c_ ~-~ .. ~(X-L hr, V --- : e CI..Dr: OF Tn em ~ ( SIAL) ~