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71R-068 RESOLUTION NO. 71R- 68 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 ORANGEWOOD AVENUE STREET IMPROVEMENT, FROM APPROXIMATELY 135 FEET EAST OF SPINNAKER STREET TO SPINNAKER STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 559. 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 October 15th and ~tobe~ 22Qd , 19 70 , a not1ce inv1t1ng sealed proposals or furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perfo~inq 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 Orangewood Avenue Street Improvement from approxi- mately 135 feet east of Spinnaker Street to Spinnaker Street, in the City of Anaheim, consisting of clearing and grubbing, excavation, construction of asphalt con- crete pavement over aggregate base: construction of p.e.c. curb and gutter, sidewalk and drive approach; construction of storm drain facilities: removal of temporary storm drain facilities, trees and wood retain- ing wall; 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, Work Order No. 559. in accordance with the designs, plans, profiles and specifica- tions prepared by Department of Public Works 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 29th day of october , 19 70 , 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 , -1- WHEREAS, on October 29 ,19 70 , 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 sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and e~lipment, and all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete, ~n a good and workmanlike manner, in strict accordance \\?i th the specif ications, 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 publi.c, in the City Counci.l 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 -------- J:'egular meeting, held on the 3rd day of November , 19 70 , at the hour of I: 30 0 ~ clock P.Mc, consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more part.icularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by SULLY-MILLER CONTRACTING COMPANY, P.O. Box 432, Orange, Calif. 92667 for the construction, installation and completion of said Oran ewood Ave. Street 1m rovement from 135 ft. east of Spinnaker St. to S innaker St., Work Order No. 559. ere~na ove ment10ned and escr1 ed, was the lowest respons~ Ie proposal submitted therefor, and thereupon accepted said bid and did award a contract to said _ _...Sully-Miller Contracting Companr for furnish~ng 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 Ci.ty 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 6th day of November , 19~; and SUll\-Miller Contracting Co~any has urnished all plant, labor, servJ.ces, .. materials and equipment and all utilities and trans- portat1on, and performed a11 work necessary for the construction and completion, i.n 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 Department of Public Works , and the contract made and entered into by the City of Anaheim; and WHEREAS, the said with it WHEREAS, the Director of Public Works has duly certified to the construction and 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 Sully-Miller Contracting ComDany ; and -2- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove 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 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 te~s, 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 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 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. this THE FOREGOING RESOLUTION is approved and signed by me 16th day of -FAhrll;:1ry , 19 71 _ ~~l~F ~E-fl.r1t&EIM ATTEST: DENE M. WILLIAMS, CITY CLERK .J .' Bv c .c.-t:!..~" , (..t. /:/"7. ~ Q .{,....;...i .'-'l..-~-" Deputy CITY CLERK OF THE CITY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS . CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 71R-68 was passed and adopted at a ------ regular meeting of the City Council held on the 16th day of February ,1971, by the following vote of the members thereof: --- AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton 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 16th day of February 19 71. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of February , 1971 . DENE M. WILLIAMS, CITY CLERK ", ,..;:r;' , By ~:,,'L.t.,(I-r~(,?v /}'1 ~ a.../t/L~,'n.<t/ Deputy CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAM5, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-68 duly passed and adopted by the Anaheim City Council on February 16, 1971. DENE M. WILLIAMS, CITY CLERK . \ _ (5:-- , By /.A.-A!:.'q-rz 60(... ../,")1 ~ ~#.~ Deputy .....:........ ......::---=.............~:i- ::.A..-.-_......~_..~_......,......_."._ .........".. u~.-..-..eL..~.eD.~-..._............._~..... .