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1960-6197RESOLUTION NO. 6197 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 U'T.ILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT THE IMPROVEMENT OF ORANGEWOOD AVENUE, FROM SCUT WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general ccirculation printed, published and circulated in the City of Anaheim, to wit The Anaheim Gazette on 6th and 1 th of Ma 19 60 a notice nvit ng sealed propose s or urn '_s ng e foI' wing 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 South Frontage Road to Haster Street, in the City of Anaheim, by excavation and haulaway, construction of plant -mix surfacing, including paint binder, reconstruction of existing driveways, adjusting existing manholes to grade 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. 515; in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. Piersall, City Engineer 9 and the notice inviting sea ed propose. s, which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 ofclock P.M. of the 19th day of May 0 and which said notice did state awn declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rat- of wages for each type of labor needed to execute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on �May 19th 9 19 60 at the hour 2:00 o o clock the t erk and ity Engineer of p l d the City of Anaheim did open id sealed proposals received up to that time for the furnishing of all plant, labor services, materials and (4quipment, and all utilities and transportation,. including power, fu41 and w:ter, arci performing all work neces- sary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawing therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvment hereinabove more parti- cularly d4:scribed nd set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tbulate the result of said seald proposals and did make a report to the City Council at its next at its next regular meeting; and WHEREAS, the City Ctuncil of the City of Anaheim did„ regular meeting, held on the 24th day of May 19 60 9 at the hour of ovclock 0 1 4 1 0 cons],r s le submitted fOirai- nishing 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. 0. Box 432, Orange, Calir6= or the construcion, instal ation and comp et on ariZIA77RTTZVement of Oran.eyood Ave. from So. Fronta.e Rd. to Haster St. Job No. 5 here nabov;; mentioned and desoribed, was the lowest rpon ibce proposal submitted therefor, And thereupon accepted said bid and did award a contract t. said SULLY-MILLER CONTRACTING COMPANY NTY1737.ii all plant; labOr, materiacs and equ p- ment and all utilities and transportation, Including power, fuel and water, and performing all work necessary to construct and complete, in a good :nd 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 contract for and on behalf of the City of Anaheim with SULLY-MILLER CONTRACTING COMPANY which aid contract w s duly llide into on day of ry 19 60 and WHEREAS, the said SULLY-MILLER CCNTRACTING COMPANY has furnish a 1 p ant, abor, sery cos, materia s and equipment and 11I utilities and transportation, and performed all work necessary for the construction and c•mpletion, in a good and workmanlike m:nner, in strict accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sea14 proposals and in the detail, designs, plans, profiles, drawings and specifications pre- pared by Thornton E. Piersall, City Engineer 9 and that contract ma•e and enter° into w y he City of Anaheim; and WHEREAS, the Cit Ensineer has duly certified to the construct ,oh an comp etion of sa:.d im- provement hereinabove mentioned and ciscribed, in accordance with the plan and specifications and the contract documents duly made and entered into with said SULLY-HILLER CONTRACTING COI -2- and WHEREAS, the City Council finds that said contractor has completed said public improvemnt hereinabove more particularly described in accordance with the provisions of thA contract and the contract documents, and that notice of completion should be filed and payment of the balance du:, said contractor'authorized in accord- ance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Couneii of the City of Anaheim th «.t 1 plant, labor, services, material and equipment and all utilitlots and transportation, and th per formance of all work ne ©c =sary to construct, install and complete, in a good and workmanlike mann;r, in strict a;;cordance with the specifications, plans and drawings th,= ;refor on file in the Office of the City Clerk of the City of Anaheim, together with the appurteaanc -s thereto, s .id. public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, b and th same are hereby ace pted, subject, nevertheless, to -.11 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 iiiia` work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the data of the filing of notice of completion, excepting only such sum or sums as may lawfully be withh: id in a©c •,,rdanee with the provisi ns of said contract and contract documents That acceptance by the con tract +)r of said payments made in accordance with said final estimate shall operate and shall be a release ,se to the City of Anaheim, its officers, agents and employes from 11 claims and liabilities due the contractor for anything dons; 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 payment 9th ATTEST AND BE IT FURTHER .RESOLVED that, the Mayr.r and the City Clerla of the City of Anaheim be, and th =y -re hereby uthorized to execute and file a notio© of completion of said work as required by law THE FOREGOING RESOLUTION is appr v and signed by me this day of August lq 60 STATE OF CALIFORNIA COUNTY OF ORANGE as, CITY OF ANAHEIM (SEAL) 1 DENE M. WILLIAMS 9 City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at an ai jo_urned regular meeting pro- vided by law of the City Council of the ity of Anaheim, held on the 9th day of A ugust AYES o COUNCILMEN a Chandler, Coons, Fry, Thompson and Schutte NOES: COUNCILMENe None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the M::your of the City of Anaheim approved and sign =d said resolution on the 9th day of Auau 9 1960 IN WITNESS WHEREOF, I h. <ve h„reunto set my hand and affixed the official seal of th of Auaust 19 60 9 19 60 9 by the following vote City of Anaheim this 9th day