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1965-662RESOLUTION NO. 65R 662 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 IMPROVEMENT OF HARBOR BOULEVARD, FROM APPROXIMATELY 253 FEET SOUTH OF MANCHESTER AVENUE TO APPROXIMATELY 468 FEET NORTH OF MANCHESTER AVENUE, IN THE CITY OF ANAHIEM, JOB NO, 310. 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 April 29 and May 6 19 65 a notice inviting sealed proposals for furnis i� ng the =Fang: 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 Harbor Boulevard, from approximately 253 feet south of Manchester Avenue to approximately 468 feet north of Manchester Avenue, in the City of Anaheim, consisting of excavation, haula- way and disposal; construction of asphalt concrete pavement, aggregate base and Portland Cement Concrete curb; removal of asphalt concrete pavement and pavement marking, Portland Cement Concrete curb, cross gutter and spandrel, 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. 310. in accordance with the designs, plans, profiles and specifica- tions prepared by the Publ'c 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 o'clock P.M. of the 13th day of 19 65 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 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 WHEREAS, on May 13 19 65 at the hour of 2 :00 o'clock P.M., the City Clerk and Engineer of -1- 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 manter, 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 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 re- port to the City Council at its net regular meeting; and WEEREAS, the Citv Council of the City of Anaheim did, at its next regular meeting, held on the 18th day of May 19 65 at the hour of 1:30 o'clock P.M., con- si er the sealed proposals submitted fOTTITEishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted byAaly-MILLERcomAganggogg 4.2 oran •e California for the constrdaTUn, insta ation an. comp etion of said immroyementofHarbor Boulevard, iatbt_SItysftolbeim Job No. 310 hereinabove mentioned and descri ed, was the lowest resp3EgIETFTF3= posal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY-MILLER CONTRACTING COMPANY for urnishing a p ant, a or, ser- vices, materia .s 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, the said public improvement as specified in said notice inviting sealed proposals, and did authcrize 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 20th daN of May 19 65 and WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY has furnished all plant, a or ser- vices, materia s 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 and drawings of said public improvement as specified in the notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works De artment and the contract made and Tritere it y t e ity of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and comp etion o sal pu lc improve- ment 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 accordance with the contract documents. 2- NOW THEREFORE, BE IT RESOLVED ey the City Coencil of the City of Anaheim that all plant, labor, service, eAteriaLe and equipment and all utilities and transportation, anA formance of all work necessary to construct, install and collte,e, in a good and workmanlike manner, in strict accordance with tb specifications, plans and drawings therefor oe file ir the nftlee of the City Clerk of the City of Anaheim, together with ehe appurtenances thereto, said public improvement hersinabove more particularly described and set forth, in the City of Ansteiel said contractor, be, and the same are hereby ak.re subjct nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said conttereetor fer said work be paid to it thirty-five K15 days from and after final acceptance of said work as evidenced by the adoptiee of this resolution, but not sooner than thirty days after the date of the filing of notice of completion, excepting only sieh sum or sums as may lawfully be withheld in accordance with the provlsione of said contract and contract documents. That acceptance by the co tractor of said payments made in accordance 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 /iabilities de the contractor for anything done or furnished lr withhell 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 eucb payment, AND BE IT FURTHER RESOLVED that the 1ayor and the 1ty Clerl of the City of Anaheim be, and they are hereby authorized to execqte and file a notice of completion of said work as ee,[eire.-1 be law. THE FOREGOING RESOLUTION is approved and sigr.,d by me this 31st day of August, 19 65 ATTEST CI CL RK OF THE CU? OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE es. CITY OF ANAHEIM MAYOR OF THE CI,Y or I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM DO HEREBY CERTIFY THAT THE FOREGOING IS Tile: Mr:IIN. AL. OF RESOLUTION NO. ti5R- 46.:2 DULY PA:.E.D AND ADOPTED BY THE ANAHEIM CITY COUNCIL ON CITY CLERK I, DENE M. WILLIAMS City Clerk of the City of Anaheim, do hq the oregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim held on the 31st day of AYES COUNCILMEN Dutton, Pebley, Schutte, Chandler and Krein 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 31st day of _August, 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 31Ag day of Aligmt 19 65 (SEAL) CLERK OF THE CITY OF ANAHEIM