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1973-433 <\,"'-;--" RESOLUTION NO. 73R- 433 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 RICHFIELD ROAD STREET IMPROVEMENT, FROM LA PALMA AVENUE TO APPROXIMATELY 635 FEET SOUTH OF LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 680-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 31st day of May and the 7th day of June , 19 73 , a notice inviting sealed proposals for 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 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 Richfield Road street improvement, from La Palma Avenue to approximately 635 feet south of La Palma Avenue, in the City of Anaheim, consisting of clear- ing and grubbing, excavation, construction of asphalt concrete, installation of paddle boards, relocation of traffic sign, and appurtenant work as more partic- ularly shown on the plans and as delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 680-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Depprtmen~ and the notice inviting sealed proposals, wn1ch sa1d notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 14th day of June , 19 73 , 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 l~b~r needed to execute said contract, and did state that the preva1l1ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- ,- WHEREAS, on __June 14 .' :~ 9 _ll-...,:lt the hour of ".2:00 o'clock P.M.. ,the Clty Clerk and t.he Clt.y EngIneer of the Cl ty of Anabei rn did open sa~d sealed proposa Is rece". ved IIp to that tJ.me for t"he furnishing of all plant, labor, serVl ces . materials and equIpment, and all utillties and transportatior:, including power, fuel and water, and performing all work neces.- sary to construct and complete, "In a good and workmanlike manner. J.n strict accordance wlth the speclflcations, plans and drawings therefor on file ~n the Office of the Ci ty Clerk of the Cay of Anaheim, the public :tmprovement herei.nabove more particulfiL'...y described and set forth, in public, in the C:lty CounCIl Chamber in the City Hall, Anaheim, California, and the City Engl.neer d1d tabulate the result of said sealed proposals and d.td make a report to the City Council at its next ------- regular meetlngi and WHEREAS, the C~ty Council of the City of Anaheim did, at its next _______ regular meetl.ng, held on the 19th day of June , 19-11-, at the hour of 1:30 o clock P.M'f consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determlne that the sealed proposal submitted by SULLY-MILLER CONTRACTING COMPANY, P.O. Box 432, Oranqe, California 92667 for the construction, l.nstallation and completion of saldRichfield Rd. jLt. improvt. from La Palma Ave. to approx. 635' S&o La Palma Ave. in the City of Anaheim, Work Order No. 680-A hereina ove mentloned and desc~l.bed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY-MILLER CONTRACTING COMPANY for furnish long all plant, labor, servl.ces, materials and equipment and all utilities and transpor- tation, 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 not~ce invl.ting sealed proposals, and did authorl.ze 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 contract was duly made and entered into on the June , 19-2l-i and which sa1.d 20th day of WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY has furnished all plant, labor, serVl.ces, materl.als and equipment and all utilities and trans- portation, and performed 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 detailed designs, plans, drawings, and specifications prepared by the Public Wg,rks gepartmegt , and the contract ma e an entere l.nto Wl.th it by the City of Anaheim; and -" WHEREAS, the Director of P~]ic W,sJrkp has duly certified to the construction an completl.on of sal.d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said SULLY-MILLER CONTRACTING COMPANY i and -:2- ,'~~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particlJ-' larly described in accordance with the provlsions of the contr~ct and the contract documents, and that notlce of completion should be filed and payment of the balance due said contractor author~zed in accordance with the contract documents. 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 performance of 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 con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of said work 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 contractor of said payments made in accord" ance with said final estimate shall opera.te 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 em- ployees, excepting only claims against the City for amounts \ci tb.' held by the City at the time of such payment. AND BE IT FURTHER RESOLVED bhat the Mayor and the Clty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as requ1red by law. THE FOREGOING RESOLUTION is approved and signed by me thlS 25th day of September , 19-1l-. ATTEST: .~~ OF .' AHEIM M,tL ~.ll~~ CITY CLERK OF THE CITY OF ANAHEIM - -3- - - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -" I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-433 was passed and adopted at a regular meeting of the City Council held on the 25th day of Seltember , 19 73 , by the following vote of the members tl1ereo : - AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCIIJ.4EN: Stephenson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 25th day of September , 19-2l. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25t~ day of Sentember , 19 73 . CJ :J;t.~, ~RK OF THE CITY OF ANAHEIM (SEAL ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-433 duly passed and adopted by the Anaheim City Council on September 25, 1973. ~,/;r Q~~ City Clerk ~"