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66-019 - RESOLUTION NO. 66R-19 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 IMPROVEMENT, TO WIT: THE IMPROVEMENT OF BAXTER, STREET. FROM VIA BJWN STREET TO RIVERSIDE FREEWAY. IN THE <::1 OF WHEIM. JOB NOt 967. . WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, pr~nted, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin" on the 26th dal of Awtust and the 2nd day of September, 19 65 , a notice inv ting sealed pro- posals 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 Baxter Street, from Via Burton Street to the Riverside Freeway, in the City of Anaheim, consist;:ing of excavation including compacted embankment, haulaway and disposal; construc- tion of asphalt concrete pavement, P.C.C. curb and gutter, 6-inch P.C.C. driveway; adjustment of manholes and water valve boxes to grade; removal of irrigation line, standpipe, barricade and cable fence; relocation of traffic warning signs, 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. 967. - in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 10th day of se~tember , 19 65 , and which said notice did state and dec are 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 WHEREAS, on September 10 , 19 6S , at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of -1- - 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, anc;l.. performing all work neces- sary 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, the public improvement hereinabove more particularly de- scribed and set forth,. in public, in the CitY',Counci1 Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the ~esu1t of said sealed proposals and did make a re- port 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 14th day of ~temb~r , 19~, at the hour of 2:00. o Dc10ck P.M., con- iIaer t e seale~posa1s 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-~LLER CONtRACTING COMPANY. P. O. Box 432.. Orarfe California. for the construc- tion,. instal atlon and completion of said Imorovement of Baxter' Street~ from Via Bur~. '% ~. lU..:r:rslsie Frti!fay. J.gb No. 96h '. n_fd ~V~i~~. loned an(llJescrli ed, was e lowest responsible propos:.1' 's'it61ldt1:ed therff~or, and t;hereupon acc~pted said bid and did award a .contra~t to' said S~Y-MItLER CONTRACTING COMPANY . for urnis Uig all plant, labor, services, materials and equipment and all uti1i~ ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good ~nd workmanlike manner, in strict accordance with the specifica- tions, plans and.drawings, the said public ,improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the Ci.ty Clerk of the City of Anaheim to execute a con- tract for and on behalf of the City of Anaheim with SULLY- MILLER CONTRACTING COMPANY. . whrch said contract was duly made and entered into on the 16th day of September , 19 65 ; and WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY has furnished all plant, labor, services, materials and equipment and' all utilities and transportation, and performing 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 de- tailed designs, plans, drawings, and. specifications prepared by the ~blic workHeDartmlDt , and the contract made and entere nto with it by the City of Anaheim; and WHEREAS, the Director of Public WOXks has duly certified to the construction and compIitlon of said public improvement 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 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 contra~t documents, and that notice of completion should be filed and p.yment 'of the balance due said contractor authorized in ,accordance with the cont~act documents. -2- - NOW.) T~~RE.FORE ~ BE IT RESOLVEO h'~1 the City Counci 1 of the City of Anahf.'im that all pla.nt, l,abot:. ~E'rvices, materials and equipment And all utilities and transportatIon, and the pp.r- formance oj: all work necessary to construct, lnsttlll and (~om- p1ete, i.n a good at'.d ,^'orkD'.%nl ike manner, in strir.t. accordance. with the specifications, plans ~nd drdwings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtena.nce$ tbereto, SAid public i.mprovemer&t herein- ahove more pdrticylarly dp.scribed and set forth, in the City of Anaheim, by Baie contractor, be, and tbe same are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contr~~r docum~~t~, and t.hat the balance due said contractor for Raid work 'Je p;'i; lLl t 1I it thirty-five (35) days from and after final acceptance of sara '~ork as evidenced by the adoption of this re~olu~ton, b~t not sooner than thirty (30) days after the date of the filing of notice of. completion, exceptia.g only 8\lCh S'.1m or sums as !TU:iLY lawfully be with.held in accordance with the provisions of sdid contract and contract documents. That accept- ance by the c.ontractor 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 4nd 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 ~~ployees, exC'.eptlng only claims I1ga.lnst the City for amounts withheld by the City at the time of such pa.yment. AND BE IT FURTHER RESOLVED that the YJiyor and the City Clerk of the City of Ar.;aheim be, and they a.re herE-by a:uthorized to execute and file a notic.e of completion of said work hS required by law. THE .FORErAlINC RESOLUTION is approved and signed by me this lith day of January , 19 66. . ~ -:::?~/./ .. ~ :4' ~ ...-t~'V~... fOR 1I'iIm C · 0 N .1M ~ *' . r '! ATTEST: .. , ~...f .~ ...._ ...._!,. ." . ~... ffit.ifi 'ral~'~1iriiftRn .-. -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. 66R-19 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 11th day of January, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte and Chandler AND I FURTHER CERTIFY thatthe Mayor of the .City of Anaheim approved and signed said Resolution No. 66R-19 on the 11th day of January, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of January, 1966. .. . . i I( .' , >-.' ~ . tt:'-<",_._. /~. ~.~~_ ~____ CITY'CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R-19 duly passed and adopted by the Anaheim City Council on January 11, 1966. '-.. .... . , /" .' )1(' . " ~~ .", .~ ~. ';TeL.. ..~;:.-'.Jt:.~~'-4-Y>"'~ CITY CLERK .-...