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1961-6592RESOLUTION NO. 6592 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT mg_JUMWEBEELOF ORANGETHORPE AVENUE. LP _y.._ :_2 sF UN PACIFIC RAILROAD TO APPROXIMAulY 12 7 FT. I5a, N H ANAH M WHEREAS, the City Council of the City of Anaheim did cause to be published in a new paper of general ccircu1ation printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin 9 +.gi e•tember 6 and er Se 1 1960 a no ce invit ng s or urn sealed proposa: n foowing: 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 Orangethorpe Avenue, from approximately 25 feet west of the Union Pacific Railroad to approx- imately 1237 feet west of said railroad, in the City of Anaheim, by excavation and haulaway, grading, paving, construction of concrete curb and gutter, 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. 5503 in accordance with the designs, planR, profiles and specifica- tions prepared by Thornton E. Piersail City En sneer and the notice inviting sealed proposes s, which said notice specified that sealed prop. as specified in said notice would be received up until. 2 :00 ouclock P.M. of the 22d day of September and which said notice did sta an de c are that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate 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 September 22 1 9 60 at the hour of 2 :00 o °clock 1.M. the y 'lark anO 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 equipmeit, 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 fil In the Office of the City Clerk of the City of Anaheim, the public improv meat hereinabove mor parti- cularly descr°ib ;:d =nd set forth in public, in the City Council Chamber in the City Hall Anaheim California and the City Engineer did t- .bulatc the result of said sealed proposals and did make a report to the City Council t its next adjourned regular meeting; and WHEREAS the City C uncil of the City of Anaheim did at its next adjourned regular meeting, held On the ?7t day of Se.tember 19 60 9 at the hour of opclocck cons •cr n e se „led proposals; submitted for nishing the mat rials and performing the work hereinabove more particularly describ d and ,set forth, and did thereupon find and determine that the sealed proposal submitted by SULLY MILLER CONTRACTING COMPANY P. 0, Box 32 ()ranee Cal orn a 7 install- ,tion and comp -2- a� t .v -nue .b No ere'_nabove mention mentionei and described, was the 1•west responsible proposal submitted th rcf",r and thereupon accepted said bid and did award a contract to said SULLY._M LLER CONTRACTING COMPANY for furnishing 11 plant labor services materia s and equfpG ment and all utilities and transpo.rtation, including power°, fuel and water, and performing all work necessary to construct and complete, in a gtod and workmanlike manner in strict accordance with the specifications, pllans, 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 LLY-MILLER CONTRACTING COMPANY which said contract w ,s d x' y in de <.nd enterei o on e t day of September 1960 and WHEREAS, the said SULLY- MILLER CONTRACTING COMPANY has furnish al 1 p ant, abor sere ces, materiel s and ;;quipmrnt and all utilities and transportation and performed all work nec.ssary for the construction and completio,•' in a good and workmanlike manner in strict accordance with the specifications, plans drawings, of said public improvement a specified in the notice inviting sealed proposals and in the detail, designs, plans, profiles drawings and specifications pre- pared by I. P'ersall Cit En.ineer and th contract ma• a and entere•, into w', i_ t .y he City of Anaheim; and WHEREAS the g eer__ has duly certified to th construction completion of safd public im- provement hereinabove mentiond and described, in accordance with the plans and sp cifications and the contract documents duly made and entered into with said Srt _Y-M ER CONTRACTI COMPANY and WHEREAS the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents and that notic of completion should be filed and payment of the balance due said contractor'authorized in accord- ance with the contract documents° NOW THEREFORE BE IT RESOLVED by th City Couneii of the City of An.;heim that .11 piant libor services, materials and equipment and all utilities and transportation and the per- formance of all work nec©- ssar°y to construct install and complete in a good and workmanlike mann;er in strict accordance with the specifications plans and drawings therefor on file in the Office of the City Clerk of th City of Anaheim together with th appurtenance thereto said. public improvement hereinabove more particularly described and s t forth in the City of Anaheim by said contractor be and the same are hereby ace pted subject nevertheless to -_11 the t rms conditions and provisions of the contract documents and that the balance due said contractor for said work b paid to it thirty -five (35) days from and after final ace ptanoe of sarwx®rk as evidenced by the adoption of this resolution but not sooner than thirty (30) days after the date of the filing of notice of completioxa excepting only such sum or sums as may lawfully be withh Id in :©cord ncc;; with the provisions of said contr et and contract documents, Th t acc: ptance by the con- tractor f said payments made in ace rdance 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 ;mploy s x.cepting only el ims against the City for any 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 'i :helm be 9 and they are hereby uthorized to execute and file a notice ,.f completion said work :.s required by law THE FOREGOING RESOLUTION is approved nd signed by me this 10th day of January i9 19 61__ o ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE sso CITY OF ANAHEIM -3- 19 11FNF M_ wI_LL -TA City Clerk of the City of Anaheim do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro= ur: vided by law of the City Coci. of the ity of Anaheim held on the 10th day of January 19 61 by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson Schutte NOES: COUNCIILMEN:: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY th t the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of January 19 61 IN WITNESS WHEREOF I have h set my hand and affixed the official seal of the City of Anaheim this 10th day of January 9 19 6 l 0