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64-488RESOLUTION NO,, 64R-488 A RESOLUTION OF THE CITY CO~JNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT~ LABOR~ SERVICES, MATERIALS AND EQUI?MENT 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: THE IMPROVEMENT OF ADAMS STREET_ FROM APPROXIMATELY 502 FEET SOUTH OF MANCHESTER AVENUE TO APPROXIMATELY 452 FEET SOUTH OF MANCHESTER AVENUE~ I.N %.HE CITY OF ANAHEIM, JOB NO. 761-A. 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 16th and 23rd days of April , 19 64 , a notice inviting ~ealed proposals for furnishing the fo~-~g: Ail 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 the City of Anaheim, the following public improvement, to wit: The Improvement of Adams Street, from approximately 302 feet south of Manchester Avenue to approximately 452 feet south of Manchester Avenue, in the City of Anaheim, consisting of excavation, haulaway and disposal, construction of compacted embank~nent, 3-inch asphalt pavement, including paint binder, fog seal coat, 4-inches of aggregate base; construction of Portland Cement Concrete curb and gutter Type "A", 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. 761-A. in accordance with the designs, plans, profiles and specifica- tions prepared by ~he Public Works Dep~rtment , 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 Po M. of the 30th day of April , i~ 64 , and which said notice--~ state and declare ~hat, 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 2:00 WHEREAS, on April 30 , 19 64 , at the hour of o~clock P~ M,,, the C--~ty C~er---k and th----~ City Engineer of the City of Anaheim did ooen said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and ~ll utilities and. transportation, in- cluding power, fuel and water, and performing all work necessary to construct and complete, in a good and worlcmanlike 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 ~aheim, · the public improvement hereinabove more particularly described and set forth, in public, in ~he 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 ~Et~AS~ the City Council of the City of Anaheim did, at i~s next -- regular meeting, held on the 5th day of _ May , 19 64 , at the hour of 1:30 o-~ P.Mo, 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 CONTRACTING COMPANY, P. O. Box 432, ~range, California for the construction, installation and completion of said imorovement of Adams Street south of Manchester Avenue~ Job No. 761%A. ~'ereina~Ove mehtione~ '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- vices, 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 snd the City Clerk of the City of Anaheim to execute a contract fo~ an~ on behalf of the City of Anaheim with SULLY-MILLER CONTRACTING COMPANY ~ich said contract was duly made and entered into on the 7th day of__M_~ , 19_~j__~.; and WHEPgAS, the said ~. SULLY-MILLER CONTRACTING COM]PAlqY has furnished all plant, labor, set- ' vices, mAt~['ia-~ and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and worl.~anlike 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 D~_partment __, and the contract made and entered into with it by the City of .Anaheim; and ~EP~AS, the Director of Public Works has duly certified to the construction and completion of said p~blic 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-MILLER CONTRACTING COMPANY ; 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. NOW~ i'HEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, service~, ~at~rials and equipment and all utilities and transportation, and the per~, for~ance of all work necessary to construct, install and comple[e, in a good and workmanlike manner, in strict accordance with tb~ 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 hereinabove 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 contractor 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 con~ tractor of said payments made in accordance 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 d~e 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 employees, excepting only claims against the City for any amounts withheld by the City at the time of such pas~ment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby anthorized to execute and file a notice of completion of said work as r~quired by law. THE FOREGOING RESOLUTION is approved and signed by ma ~his 14th day of July , 19 64 MAYOR OF-THE .CITY 0~" ATTEST ? CITY, CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS , City Clerk of the City of Anaheim, do hareby certi--{~--~ the foregoing resolution, was intro~ duced and adopted at a -- regular meeting provided by law of the City Council--~ the ~ Anaheim, held on the _J~h .... day of _ July ~, 19 64 . AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN~ None ABSENt: COUNCILMEN~ None AND I FURTHER CERTIFY that the Mayor of the City of ~naheim approved and signed said resolution on the ~ day of July 19 64 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th of July , 19 64 . day (SEAL) CITY CLERK OF THE CITY OF ANAHEIM