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70R-332 - RESOLUTION NO. 70R- 332 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FQRNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES ~ND TRANSPORTATION INCLUDING POWER, FUEL AND ~TER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF CERRITOS AVENUE FROM WEST STREET TO WALNUT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 421. WHEREAS, the City Council of the City of Anaheim did cause to be publish~d in a newspaper of general circulation, printed, published ~nd circulated in the City of Anaheim, to wit: The Anaheim BUlletin, on July 24th and July 31st , 19 69 , 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 the City of Anaheim, the following public improvement, to wit: The improvement of Cerritos Avenue from West Street to Walnut street, in the City of Anaheim, consisting of clearing and grubbing, exca- vation, construction of asphalt concrete pavement over aggregate base, construction of P.C.C. curb and gutter, curb, sidewalk, drive approaches, local depressions, catch basins, collars, and juncture structure; installa- tion of R.C.P.; removal of catch basin, R.C.P., drain inlet, irrigation valve, chainlink fence, sidewalk 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, work Order No. 421. _. in accordance with the designs, plans, profiles and specifica- tions prepared by the De~artment of Publiq Works and the notice inviting sea ed proposals, wh1ch said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 7th day of Auqust , 19 p9 , 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 Au~st 7 ,19 69 ,at the hour of 2:00 o'clock P~M., the City Clerk and the cfty Engineer of the Cfty of Anahei~ did open said sealed proposals received up to that time for tije furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, including power, fqel and water, and performing all work neces- sary to construct qnd 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 12th day of August -:--;-19 _M_' at the hour of .J: 3..9.- 0 I crock P.M., consider the sealed proposals submitted for furnishing the materials and perfqrming the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by SULLY MILLER CONTRACTING COMPANYJ P.O. Box 432..1 Orange California 92667 for the constructi"dn, i"nstarIati"on -ana compIeti"on of sara improvement of Cerfitos Avenue from West Str~et t2 Walnut StreetJ_ City of Anaheim, W~k Order No. 421 hereinabove mentioned and aescriDed, was the Iowest responsfDIe proposal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY MILLER CONTRACTING COMPANY -------- ----~or furnfshfng all plant, labor, services, materf"aIs ana-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 SULLY MIL~~R CQNTRACT~NG COMPANY which sa1d contractwas duly made -and"-enteredinto -on the-15th day of August , 19~JL_; and WHEREAS, the said SULLY MILLER CONTRACTING COMPANY has furnf"shed all plant, labor, servfCes, materiaIs ana-equfpment and all utilities and trans- portation, and performed 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 Department of Public Works , and the-Contract made ana entered into wit~_ jt_-by-thelCity of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the-ConstructfOn and completf"on 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 SULLY MILLER CONTRACTING ~~~X ; 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 d9cuments, and that notice of completion should be filed and payme*t of the balance due said contractor authorized in accordance with the contract documents. NOW, TH~REFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and 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 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 particu1arly 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 sai~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 provision$ 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 9f 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 30th day of _____~un~_____, 19 70_. ~--~----- ~OR OF THE CITY OF ANAHEIM ATTEST: ~ " )( )12 ~ CI II' CLERK OF THE ~ OF ANAHEIM -3- ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. ---. I, DENE M. IILLIAMS, City Clerk of the City of Anaheim, do hereby certify that t.e foregoing Resolution No. 70~332 was intro- duced and adopted at regular meeting provided by law, of the City Council of the City of Anaheim, held on the 30th day of June, 1970, by the following votel of the members thereof: AYES: COU~ILMEN: Clark, Stephenson, Pebley, Thom and Dutton I NOES: CO~ILMEN: None I ABSENT: CO~ILMEN: None AND I FURT~R CERTIFY that the Mayor of the City of Anaheim approved and signed ~aid Resolution No. 70~332 on the 30th day of June, 1970. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of June, 1970. X2-J- ;,r. )~~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M~ WILLIAMS, City Clerk of the City of Anaheim, do hereby certify thatithe foregoing is the original of Resolution No. 70R-332 duly passed I and adopted by the Anaheim City Council on June 30, 1970. ~. p 7r~ City Clerk ,--.-.,--.,..,...-.""".