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1973-481 RESOLtrl'ION NO. 73R-481 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL trl'ILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND t'JATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE NORTH STREET - STREET IMPROVEMENT FROM MAVIS STREET TO APPROXIMATELY 29 FEET EAST OF PAULINE STREET, IN THE CITY OF ANAHEIM WORK ORDER NO. 679-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 M~v and the 7th day of June , 19 73 , a notice inv1ting 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 North Street - street improvement from Mavis Street to approximately 29 feet east of Pauline Street, in the City of Anaheim, consisting of clearing and grubbing, excavation including com- pacted embankment, construction of P.C.C. side- walk, alley aprons, curbing, curb and gutter, asphalt concrete, adjustment of manholes to grade, and appurtenant work as more particularly 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. 679-A. in accordance with the designs, plans, profiles and specifica- tions prepared by fue Public Works Departm~nt. . ' and the notice inviting sealed proposals, wh1ch sa1d not1ce 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 Secti~n 1770 of the Labor Code, the City Council of the City of Anahe1m 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 ~ourly wage scale so ascertained was on file in the Office of the C1ty Clerk; and -1- -, ~HEREAS, on __ June 14 , 1-9 J.~"' .;:It the hour of _ ~; 00 0 clock P. M." the Cl ty Clerk and t,he CH.y EngIneer of the C1 ty of Anahei m dl,d open sa~d sealed proposals rece";, ved Jp to that time for t~he furnish~ng of all plant , labor, serVIces. materials and eqUIpment, and all utlllties and transportatlor;, including power, fuel and water, and performing all work neces- sary to construct and complete, "10 a good and workmanlike manner. 1n strict accordance WIth the speclf1.cations, plans and drawings therefor on f1le 1n the OffIce of the City Clerk of the CIty of Anahe1m, the publ ic .i.mprovement here1,nabove more particul.:i,!'" Y described and set forth, in public, in the C:Lty CouncIl Chamber .in the City Hall, Anaheim, California, and the Cl.ty EngIneer d1.d tabulate the result of said sealed proposals and dld make a report to the City Council at its next ---------- regular meetlngi and WHEREAS, the Cl,ty Counc11 of the Clty of Anaheim did, at its next -----~--- regular meet1ng, held on the 19th day of June , 1973 , at the hour of 1 = 30 0 CJ"ock P.M.~ consider the sealed proposals submitted for furnish1ng 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-!ULLER CONTRACTING COHPANY, P.O. Box 432, Oranqe, California 92667 for the construct10n, lnstallation and completion of saId North st. st. imprvt. from Mavis St. to approx. 29' E/o Pauline St., in the C:i.tv of Ap,aheim, Work Order No. 679-A hereinabove mentIoned and descrIbed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to sa:ld SULLY-MILLER CONTRACTING COHPANY for furnishing all plant, labor, serv1ces, materials and equipment and all utilities and transpor- tation, lncluding power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in str~ct accordance with the specifications, plans and drawings, the said public improvement as specified in said not~ce 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 sdLd contract was duly made and entered Into on the 21st day of June , 1911--; and WHEREAS, the said, gULLl-MIT.T.F.R r.()NlR.r..r'T'TN~ COMPANY as urn1shed al plant, labor, serV1ces, mater1als 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 Works Department , and the contract made and entered Into w1th it by the City of Anaheim; and - WHEREAS, the Director of Public Works has duly certified to the construction and complet1on of public improvement hereinabove mentioned and described, ance with the plans and specifications and the contract duly made and entered into with said SULLY-MILLER CONTRACTING COMPANY sa1d in accord- documents ; and -2- .- WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particll'" larly described in accordance with the prov1sions of the contract and the contract documents, and that not1ce 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 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 ~ith' held by the City at the time of such payment. AND BE IT FURTHER RESOLVED tihat the Mayor and the C1ty 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. THE FOREGOING RESOLUTION is approved and signed by me th~s 16th day of October , 19 73 . " ATTEST: DENE M. DAOUST, CITY CLERK By r;,~<J-n cv >h~a/'&V/Yl/.r/ Deputy CITY CLERK OF THE CITY OF ANAHEIM ,- -3- ~~ - STATE OF CALIFOfu~IA COUNTY OF ORANGE CITY OF .Ar:;JAHEIH SSe ~~ I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. _.l..3R-48l was passed and adopted at a regular meeting of the City Council held on the 16th day of Octob~r .' 19 --1.;u by the follmving vote of the members thereof: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCIL'1EN: None ABSENT: COUNCIL~EN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the ~?th day of October , 19 73 IN WITNESS \iHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of October , 19 73 DENE M. DAOUST, CITY CLERK ~L~.v In. ~c:vVU-;na/ ~DeputL CITY CLERK 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-481 duly passed and adopted by the Anaheim City Council on October 16, 1973. DENE M. DAOUST, CITY CLERK By t:Z&<-1'7.-v ~. ~ t2/!/L.e~r(.~~_/ Deputy City Clerk _.