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64-644RESOLUTION NO o 64R-644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT, TO WIT: TF~, IMPROVEMENT OF DALE AVENUE, FI~(OM OkANGE AVENUE TO APPROXIMATELY ,'0© FEET SOUTH OF o~'tANGm AVENUE, !N THE CITY OF ,-~NA}IE!M~ JOB NO. 858. 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 2ist and 28th days of ~a¥. , 1964 , a notice inviting sealed proposals for furnishing the f oi-l~g: ( .... ..c.~ re. aL ._o~a,s an4 equff praent., and ~2_~--~ :ies an4 sransm~t~:,m~, fnclu-~ing power~ fuel and wate~' ,ooo'5. and wor!c~.~.sni :~ I: e mini. ne;7 in s L-'.4,. ., c h_ accordance with soec; :t'i. cat:ions ~'>~ans an,': :~-~w~no-~ ~:b.e?efor on file ............ . ~.,~.cy ,~.erl~ of the C~y ,v:: .ue rem Orange %venue to aoprox~.mate,y feet a ~'_:. o~ ~'~' - * ' .... .. ~::. ' - -' ..... "- .... ] ~.xl.-o-,: ' '-~ ev in accordance with the designs, plans, profiles and specifica- tions prepared by thc ?uoiic ~,7orks Department , and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2'(!0 o'clock P. M. of the %~h day of 2une , 1~ , and which said notice d state and dec~-~e 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 exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on Jv. ae , , 19 (!i::~, , at the hour of o clock Po M., the City Clerk and the City Engineer of the City of Anaheim did open sa_id sealed proposals received up to that time for the furnishing of all plant, labor, services, m~terials and equipment, .~nd all utilities and. transportation, in- c!uding power, fuel and water, and performing all work necessary to construct and complete, in a good and worknnanlike manner, in strict accordance with the specifications, plans and drawings there- for 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 ~'!id make a report to the City Council at its next -- regular meeting; and WHEREAS~ the City Council of the City of Anaheim did, at :!ts next -- regular meet-ing, held on the 9,th day of June , 19__64____, 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 SULLY-MILLER CONTP~ACTING CO. MPANy: 19761 Santiago ~ n o ~"~ .~ for the construction i~§~allation and completion of said improvement of Dale Ave. from Orange Ave. to a_t!prox. 70C' South of'o~ange A~e.,Job'No. 85g, ........ hereinabove mennioned and described, was the lowest responsible pro- posal submitted 'therefor, and thereupon accepted said bid and did award a contract to said SULLY-MILLER CONTRACTING COMPANY for furnishing all plant, labor, ser- a, ices, 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, the said pub- lic 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 ~U ~., .Y-MILLER ~ON r~Ac r I~G_~OM~ ANY which said contract was duly made and entered into on the llth__ day of June _, 19.64_~_~ ; and ~'"'~EREAS=, the said. SULLY-I, iILLEii CONTP~ACTING COMPANY has furnished all plant, labor, ser- vices, materials and equipment and all utilities and transportation, and performed, all work necessary for the construction and completion, in a good and wort. nnanlike manner, in strict accordance with the speci- fications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, p!ans, drawings, and specifications prepared by the Public Works ~artment , and the contract made and entered into with .___~ by the City of Anaheim; and ~,rHEREAS, the Director of Public Works has duly certified to the construction and completion of said-pu-b"[~c improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said SULLY-MiLLEFi CONTIqqCTING COI~ANY ; and WHEt~AS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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. -2- NOW~ fHER'EEORE~; BE IT RESOLVED by t:be City Council of the ~lty .of Anab~,im chat ali plant !ab~r'~. s:~r~?~c~.~ and equipment ard. all utilities and tran?~tati.on. .~ .. an~i ~he p=r zn a good and workmanlike manner, in strict =~cordanx=~c- ~ ~'- with at~:~=~, plans a~d drawings therefor o~: file i~ the specific "~ of the City Clerk of the City of A~aheim, tog~:~her with the appurtenance.~s thereto. ,aid ~ubltc impr,ove~ent bere:inabove more particularly dascribe~ and s~t fort'h~ in the City ~f A~abeim. ~aid contras:tot, b.e;, and the same are hereby accel, ted, r~evertheless, to all the t~s, conditions and pr'ovisio~s of the contract documents? ane t'bat the balance due sai.d contr~.ctor f~r said work be paid to i~ tbirtv~five (~=~' days from a~4 after linal acceptance of 5ald work as evidenced by the ~id,optio~ of this reaolution, but r~ot ~3oner than thirty <50~ days ~fter the date of the filing of nc.~ice ,~f completion~ excepting only s~:ch sum or sums a4 may lawfully be withkeld '- . ~,~ accordance with the provisions of ~ai~ contract and contract document;~. That acce:pta'oce by the tractor of .said payments made in accordance with sma final estimate shall operate and s'hali be a release to the City of A~ahe:im~. its officers, agents and employees from all claims and liabilities the contractor for a~,)?thing do~e or furnishe~ -~r withheld or for anything relating to the work or any act or neglect of the City~ its officers, agepr~ and ~mpi.oyees, excerpting only claims against the City for any amounts withheld by the City at ~be time of .a. ucb ~ BE IT FURTHER. RESOL ED that. c'he Mayor' and the .~.xty Clerk of the City of Anaheim be:,. and they are her'~eby authorized to execute and file a notice of c.~mplation of ~:3aid work as ,~ "~.irei b'? law THE FOREGOING °=e~'~nN,,~o,~.,. ~ ~,. is a~proved and si~.e~ by me this day of September ~ OF THE CIT'YOE ~AHE'IM '~, DENE M. kliLLIAMS ~ City Clerk of the City of Anaheim,. dJi hereby ~irr{~~-iT_he~regoing resolution was i2t. ro- duced and adopt~:,d at a -- regular meetipg provided by .law of the City Council of the City of Anah,e:im~ held on the _lst day of Sep_~mber 19 64 . AYE S (::0i NC!LMI~N Pebley, Dutton, Schu%te, Krein and Chandler NOES t;OUN ~ L~V~N None ABSE~7' ~ COUNC I LF,~N None AND I i~T~RT'HER CERTIFY that the Mayor of the City ,of Anaheim approved and signed said resolution on t:be _~_ day of` eS~.~mbe '19 64 ~N;~ WIINESS WHEREOF, t have hereunto set. mv~ hand and affixed the .official seal of the City of Anaheim this ___2~ ~ay of ~ ~ ,- 19 64 (SEAL) CLERK OF THE C !~Y r~F~ ~A~ I~