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72R-018 RESOLUTION NO. 72R- 18 .,..-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AllD 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 WEST STREET - STREET IMPROVEMENT PROM APPROXIMATELY 128 FEET SOUTH ,OP TO APPROXl:- HATELY 425 FEET SOUTH OF ROMNEYA DRIVE, IN THE CITY OP ANAHEIM, WORK ORDER NO. 633-A. WHEREAS, the City Council of' the City of Anaheim did cause to be published in a newspaper of qeneral circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim BUlletin, on Segt~er 23 and September 30 , 19 71 , a not1ce 1nv1t1ng 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 West Street - street improvement from approximately 128 feet south of to approximately 425 fee~ sou~h of Ramneya Drive, in the City of Anaheim, consisting of clearing and grubbinq: excavation: construc~ion of P.C.C. re~ainin9 wall and steps, curb and gutter, sidewalk, driveway approach and driveway; construc~ion of asphalt concrete over native soil; construction of concrete block wall; modification of sprink- ler system: and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of ehe City Clerk or City En9ineer, Work Order No. 633-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the 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 7th day of October , 19 71 , and which said notice did state and nA,..l~pa +hs+ _......~..~"'......_ ".,,_ ___..~_~___ _~ ...__.&...!__ ~...."" ~,. .. WHEREAS, on October 7 , 19 71 , 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 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 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 i.ts next -------- regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next -------- regular meeting, held on the 10th day of oc~ober , 19 71 , at the hour of 1:30 oVclock P.M., cons1der the sealed proposals submitted for furnishing 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 Contractinq Co., 2 e C li 92667 ~6r t e construct1on, 1nsta at10n and comp et10n 0 sa1d West Street - street improvement. Work Order No. 633-A hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said Sully-Miller Contracting Company - for furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, i.ncluding 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 Contractiag Company which said contract was duly made and entered into on the 14th day of Q~~nhAr , 19~; and ~ul~-Mi.f~r contractina Comoaav as urn1S ed al plant, labor, selMnLces, materials 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 Department of Public Works , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the said WHEREAS, the Director of Public Works has duly certified to the construction and complet1on of said - ,.........~ . 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 herei~- 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 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 ~hat the Mayor an~.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 11th day of Januarv , 19.1L. ~~~ -'(~ i)~d, ~ ... I. ieOF 'l'HE C*Y . ANAHEIM ATTEST: ANAHEIM '-..... STATE OP CALIPORNIA ) COOH'l'Y OP ORANGE ) ss . CITY OP ANAHEIM ) .,...IIi:... I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foreqoinq Resolu~ion No. 72R-18 was passed and adopted at a regular meeting of the City Council held on the 11th day of January , 19 72, 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 approyed and signed said resolution on the 11th day of January , 19.11:.-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of January , 19 72 . 1L- ht.LJ~ CITY CLERK OF T CITY 01' 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. 72R-18 duly passed and adopted by the Anaheim City Council on January 11, 1972. f)~ fr- ~ City Clerk . ).. \ ........... .