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1967-493 "- RESOLUTION NO. ~-493 ...-- A RESOLUTION OF THE CITY COUJtJCIL OF THE CITY OF ANAHEI t-l FINAI,LY ACCEPTING. THE COMPLETION AND THE FURNISHING OF ALL PL~NT, LABOR, SERVICES, MATERIALS AND EOUIfMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND THE PERFhRMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~ND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT l TO WIT: THE IMPROVEMENT OF EAST STREET, ~.ROM SYCAMORE STREET TO BALL ROAD, IN THE ~ITY OF ANAHEIM, SS PROJECT NO. 306-A. WHEREAS, the City Council of. the City of Anaheim did cause to be published in a newspaper o~ general circulation, printed, published and circulated in t~e City of Anaheim, to wit: The Anaheim Bulletin, on the 2~th day of Se~tember and the 6th da~ of October, 19 66 , a notice invit~ng sealed ~roposals for urnishing the following:: All plant, labor, services, materia~s and equipment, and all utilities and transportation, inclu~ing power, fuel and water, and performing all work necessary td construct and complete in a good and workmanlike manner, i~ 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 East Street, from Syqamore Street to Ball Road, in the City of Anaheim, consi$ting of excavation, including A.C. removal, compacted e~ankment, haulaway and disposal; construction of asphalt concrete pavement, aggre- gate base, P.C.C. curb and curb and gutter, P.C.C. sidewalk, P.C.C. driveway, P.C.C. spandrel and cross-gutter, standard alley intersection, IS-inch R.C.P. Pipe, Catch Basins tl and #7, lS-inch P.C.C. collars, modified manhole and stan- dard survey monuments; removal of P.C.C. curb and curb and gutter, P.C.C. sidewalk, P.C.C. cross-gutter and spandrel and existing highway facilities; relocation of traffic signals, garage, sprinkler system and signs; clearing and grubbing, including haulaway and disposal; fu~nishing and installation of paddle boards; adjustment of manholes and water valve boxes 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, SS project No. 30G-A. in accordance with the designs, plans, profiles and specifica- tions prepared by . the Public Works Department and the notice invIting sealed propos~ls, which said notice specified that sealed proposals as specified in said notice would be received up until 2: 00 0 I clock P .r1. of the 20th day of October , 19 66 , and which said notice did state and declare that, pursuant to the provisions of Section l770 of the .r-, 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 -l- ~ ,"'-" WHEREAS, on October 20 , 19 66 , at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said seale~ 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 petforming all work neces- sary to construct and complete, in a gObd and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the C~ty Clerk of the City of Anaheim, the public improvement hereinabove more particularly described 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 report to the City Council at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 25th day of October , 1966 , at the hour of l:30 o'clock P.M., consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereuwon find and determine that the sealed proposal submitted by SUL~Y-MILLER CONTRACTING COMPANY P. O. Box 432 Oran Ie California or the construction, installation and ompletion of said 1mprovement of East Street, from Sycamore Street to Ball Road, in the City of Anaheim, SS Proiect No. 306-A hereinabove mentioned and described, was the lowest responsib e proposal submitted tnerefor, and thereupon accepted said bid and did award a contract to said SULLY-MILLER CONTRACTING COMPgY for furnishing all plant, labor, services, 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 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 27th day of October , 19~; and ~~ WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY has furni!shed all plant, labor, services, materials and equipment and all utilities and trans- portation, 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 detailed designs, plans, drawings, and specifications prepared by the Public W~rks 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 ahd completion of said 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 SqLLY-MILLER CONTRACTING COMPANY ; and -2- - - .-., ~~- WHEREAS, the City Council finds that said contractor has completed said public improvement ~ereinabove more particu- larly 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 accordance with the contract docume~ts. NOW, THEREFORE, BE IT RESOL~D by the City Council of the City of Anaheim that all plant, la~or, services, materials and equipment and all utilities and tr~nsportation, and the performance of all work necessary to cdnstruct, 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 sai~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 ~e withheld in accordance with the provisions of said contract arid contract documents. That acceptance by the contractor of said payments made in accord- ance 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 em- ployees, excepting only claims against the City for amounts with- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED b~at 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. this THE FOREGOING RESOLUTION is approved and signed by me 29th day of August , 19 67 . ~.~ MAYOR 0 . H~ I 0 . ATTEST: OF ANAHEIM """: .... -3- - ...... - ~ - STATE OF CAL IFORNIA ) CCIDITY OF ClWliE ) ss . C m OF AlWliIJI ) ,,.. , \ I, DEME II. WILLIAIIS, City Cleric' of the City of Anahela, do hereby certify that the foregoing Resol~tl_; 10. 67R-493 was introduced and adopted at I regular aeetin9 provided by la., of th.e City Council of th.e Cl ty of Jnahela, h~ld on the 29th day of August, 1967, by the following vote of thel...oers thereofs AYESz COONCILllENz Krein, Schutte, Chandler and Pebley NOESz COUNCILllENs None ABSENTs COOICIIJlElh Dutton AND I PIlTMER CERTIFY that the .yor of the City of Anabeill approved and signed said Resolutiori No. 67R-493 on the 29th day .f August, 1967. 1M WITKESS MlEREOF, I have here~nto set II)' hand and affixed tile official seal of the City of ~ahe1ll this 29th day of Mtust, 1967. ~ I , H. ));~1' / C C OF THE CITY OF iifiii (SEAl) I, DElE II. WILLIAMS, City Clerk .of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 67R-493 duly pissed and adopted by the Anaheim City Council on August 29, 1967. ~ ~. __ .. k. k/~__4/ City Clerk A\ 1 .... -