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66-331RESOLUTION NO. 66R 331 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 STATF_'OT,T,FSE_ROTMF,VARI) TO_,ANAHF,TM BOULEVARD, IN THE CITY OF ANAHEIM.'PROJEC,I. NO. SS 389 -B. 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 Bulletins, on the 20th and 27th days of Januar 19 66 a notice inviting sealed pro- p oses s or furn sh ng 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 Orangewood Avenue, from State College Boulevard to Anaheim Boule- vard, in the City of Anaheim, consisting of excavation, including haulaway, disposal and compacted embankment; construction of asphalt concrete pavement, aggregate base, P.C.C. cross gutter and spandrel, and P.C.C. drive; application of prime coat; installation of 12 -inch C.M.P.; adjustment of manhole to grade; clearing and grubbing; removal of miscellaneous 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 No. SS 389 B. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sea a proposals, which said notice specified that sealed proposals as specified in said notice would be received up until o'clock P.M. of the 3rd day of ',bruar 19 66 and which said notice did state and ecare t at, 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 February 3 19 66 at the hour of 2:00 o clock PAC, the C ty Clerk and the City Engineer of 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 WHEREAS, the regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 8th day of February 19 66 at the hour of 1:30 o'clock P.M., con si er t the sealed propos =ls submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine th -t the sealed proposal sub itted by SULLY- MILLER CONTRACTING COMPANY, P. 0. Box 432, Orange California for the construc- tion, irstr:llation and completion of said im rp ovement of OrancTe- wood Avenue from St e Blvd. to Anaheim Blvd. Pro'e ct No. SS 389 -B, e 1 m an escri•e•, was e lowest responsible propos sdbk tted therefor, and thereupon accepted said bid and did award a contract to said ,STJL T,Y- MTT,LFR CONTRAC_TTI�TC; COMPANY for furnishing all plant, or, services, materiels and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct :'nd 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 City Clerk of the City of An helm to execute a corm tr-ct 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 8th day of February 19 66 and WHEREAS, the said SULLY MILLER CONTRACTING COMPANY hal-TaFFIgh-a-M-TITEETTibor, 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 th- bli •s De• artment and the contract ma •e an entere• into wit y t'e City of Anaheim; and 1' c k_ has sal public D_ -c duly certified to the construction an comp etion o 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 nd 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 documents, •end that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents, NOW THEREFORE BE IT RESOLVED 1 the City Council of the City of Anaheim that all plant, labor,iervices, materials and equipment and all utilities and transportation, and the per- formance ot 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 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 3e p,Ld t thirty-five (35) days from and after final acceptance of said I4ork as evidenced by the adoption of this reaolution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such sum or sums as lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance by the contractor 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 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 employees, 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 Mayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by laic THE FOREGOING RESOLUTION is approved and signed by me this 10th day of May 19 66 fTh ATTEST: Y CLE IC OF THE ITY OF HEIM MAYOR OF HE CITY 0 AN HEIM z•edif"2 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 -331 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 10th day of May, 1966, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Pebley, Schutte, Chandler and Krein. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Dutton. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R --331 on the 10th day of May, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day. of May, 1966. r CI CLERK OF THE CITY OF ANAHEIM CITY CLERK I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -331 duly passed and adopted by the Anaheim City Council on May 10, 1966.