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1962-0989RESOLUTION NO. 62R 989 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: THE IMPROVEMENT OF MILLER STREET. FROM ORANGETHORPE AVENUE TO ANAHEIM RQAD, THE CITY OF ANAHEIM, JOB NO. 682. WHEREAS, the Ci cause to be published in printed, published and c The Anaheim Bulletin, on 19 62 a notice inviti 1 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 Miller Street, from Orangethorpe Avenue to Anaheim Road, in the City of Anaheim, consisting of excavation, removal, haulaway and disposal, construction of 4 -inch A.C. Pavement over weed killer, 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. 682; ty Council of the City of Anaheim did a newspaper of general circulation, ircul in the C ity of Anaheim, to wit the 8th and 15th days of Ma ng sealed proposals for furnishing the WHEREAS, on May 24 19 62 at the hour of 2 :00 ooclock P. M., the City Clerk and City Engineer of 9 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 ofclock Po M. of the 24th day of May 19 62 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 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 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 parti- cularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, .arid the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next s,.R�... regular meetings and WHEREAS, the City Council of tre City of Anaheim did, at its next regular meeting, held on the 29th day of May 19 62 at the hour of 3:00 o P. M., consider the sealed proposals submitted for fur 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 Oran _e Califor is for the construction, installation and completion. of said Miller Street improvement from Orangethorpe Ave. to Anaheim Rd..Job No. 682, hereinabove mentioned and described, was the ic•west responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY MILLER CONTRACTING COMPAIJL. for furnishing all plant, labor, services, materials and equip- ment 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, 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 SULLY MILLER CONTRACTING COMPANY which said contract was duly made and entered into on the 1St day of June 19 69 anu WHEREAS, the said SULLY- MILLER CONTRACTING COMPANY has furnished all plant, labor, ser- vices, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans, drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and speoiiications 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 im- provement 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 particularly described in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accord r ce with the contract documents. -2- NOW THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that all plant labor services, materials and equipment and all utilities and transportation and the per- formance of all work necessary to construct install 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, together with the appurtenances thereto, said public improvement hereinabove 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 be paid to it thirty -five (35) days from and after final acceptance of arrwark as evidenced by the adoption of this resolution but not sooner than thirty (30) days after the date of the filing of notice of completion excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents, That acceptance by the con- tractor of said payments made in accordance with said final 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 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 Anaheim be and they are hereby authorized to execute and file a notice of completion of said work as required by law, THE FOREGOING RESOLUTION is approved and signed by me this 7th day of November •2 c I 1 r, ATTEST: (SEAL) CI CLERK CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM 1 DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim, held on the 7th day of November 9 196 by the following vote: AYES: COUNCILMEN :Dutton, Chandler, Scnutte, Krein and Coons. NOES: COUNCILMEN= None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 7th day of November 9 19 62 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of November 9 19 62 ®3®