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66-210 ..-.. RESOLUTION NO. 66R-210 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 ORANGEWOOD. AVENUE. FROM STATE COLLEGE BOULEVARD TO APPROXIMATELY 2862 FEET .' EAST OF STATE COLLEGE BOULEVARD. IN .THE CITY OF ANAHEIM. PROJECT SS NO. 303-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 6th and lith dav" ~f Janua~ ' 19 66 , a notice invit ng sea e pro- posals or 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 complet~ in a good and workmanlike manner, in strict accordance with the specifications, plans and drawinqs 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 Orangewood Avenue, fram State College Boule- vard to approximately 2862 feet east of State College Boule- vard, in the City of Anaheim, consisting of excavation includ- ing haulaway, disposal and compacted embankmenti construction of asphalt concrete pavement, aggregate base, P.C.C. cross gutter and spandrel, P.C.C. standpipe, asphalt concrete berm, standard barricade, standard survey monuments, standard catch basin No. 1, modifi~ catch basin No.1, standard manhole No. 2i remodeling of existing pump house and 'connector pipesi application of prime coati clearing and grubbingi adjustment of manholes to gradei installation of paddle boardsi removal of miscel- laneous highway facilities, 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, Project SS No. 303-A. .- in accordance with the designs, plans, profiles and specifica- tions prepared by ~e PljQl.i~ Works DSlPar:tmtm.t. and the notice invit ng sea1.e proposals, wfiiCh said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 20th day of January , 19 66 , 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 WHEREAS, on Januarv 20 , 19~, at the hour of o'clock P.M., the City Clerk and thiiCIty Engineer of 2:00 -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, and 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 Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result 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 Vth day of Januar~ ,19 66 , at the hour of l:~O. oOclock .M., con- sider the sealed proposals submitted for urnishing 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 SOLLY-MILLER CONTRACTING COMPANY P. O. Box 432. OranQe. California. ~or toe construc- tion,. installation and completion of said I~rovAmAnt of OrangA~ wood Avenue. in the c;~;lY q,f Anahe~. p~oje~t SS NO... 303-A, here nabove m~tffione an oescrTDea, was the lowest responsible proposal submitted therefor, and ~hereupon accepted said bid and did award a contract to said SULLY-MILLER CONTRACTDlG COMPANY for furnishing all plant, labor, services, materials and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good and 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 which said contract was duly made and entered into on the 2c;,foh day of January , 19 66 ; and WHEREAS, the said SULLY-MILLER CONTRACTIlm... 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 Public Works Department . , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion 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 s.aid 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 contract documents. - -2- .,...... NOW~ 'tHEREFORE.. BE IT RESOLVED hy the City Council of the City of Anaht'im that all plant, labor:> ~ervices, materials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete, 1n a good and workmanlike mAnner, in strict accordance with the specificar.ions, plans arid 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 particularly described and set forth, in the City of . Anaheim, by saicl contractor, be, and tbe same are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contr~~r docum~nts, and that the balance due said contractor for said work 'le p;:;..id HI it thirty-five (35) days from and after final ac.ceptance of sa!d'~ork as evidenced by the adoption of this re~olution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such .s~m or sums as m~y lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance by the c.ontractor of said payment.s ma.de in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agp.nts and employees from all claims and 1ia.bilities due the contractor for any'thiGg done or furnished or withheld or for artything relating. .to the work or any. act or neglect of the City, its officers, agents and e~ployees, excepting only claims against the City for amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Y..ayor and the City Clerk of che City of Anaheim be, and they are hereby authorized to execute a.r.i.d file a notice of completion of- said work AS required by la~. . ~ chis THE FOREOOING RESOLUTION is approved and signed by me 22nd day of March , 19 66 . ~~. Wit U tIIX CITY 0 . ATTEST: ~ - ~ ~ " =-c . .... tLERK OF THE I OF ~M ~ -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-2l0 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 22nd day of March, 1966, by the following vote of the members thereof. AYES. COUNCILMEN. Dutton, Pebley, Schutte, Chandler and Krein NOES. COUNCILMEN. None ABSENT. COUNCILMEN I None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R-2l0 on the 22nd day of March, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of March, 1966. (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby ce~tify that the foregoing is the original of Resolution No. 66R-2l0 duly passed and adopted by the Anaheim City Council on March 22, 196t.. .......... ~a' --, '; '7-: -. . )If. ~ ....--v CITY CLERK .----..