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1976-201i RESOLUTION NO. 76R.- 201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK, NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: WEBSTER AVENUE STREET IMPROVEMENT, S/0 ORANGE AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 765-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 11th and 18th -days of December , 197 , a notice inviting 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: Webster Avenue street improvement, from Orange Avenue to 2601 S/o Orange Avenue, in the City of Anaheim, consisting of clearing and grubbing, excavation, construction of cross gutter and spandrel,-A.C. pavement and redwood header and appurtenant work in accordance with the plans and specifications on file in the Office of the City Engineer, Work Order No. 765-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 31st day of December , 1975 and which said notice 90 state and decigre that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained 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 December 31 19 75 , at the hour - of 2:00 ®'clock P.M., the City Clerk and tNe7 City Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servi- ces, materials and equipment, and all utilities and transporta- tion, 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.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 6th day of January =76 , at the hour of 1:30. o'clock P.M., conFL:der thesealed proposals submitted for -Yu-r-n-il-shing 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 CONTRACTING CQIMANY. P. 0. Box 432. Orange, California. 266 . for the construction,installation and completion of saI3 7 �NTebster .venue Street-IERrovement, South of Orange Avenue. 4-n i-kn P4# -sr ^-F A"nkm4m Tffm-l- n?-rlav Mn 7A'; -A hereinabove mentioned escrI5 was the lowest responsible proposal submitted the- for, and thereupon accepted said bid and did award a contract to said contractor for furnishing 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 man- ner, 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 said contractor, which said contract was duly made and entered into on the 9th day of 'January , 1976 ; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction 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 an the contract ma e and entersintowitsay by the City.of Anaheim; and h WHEREAS, the Director of Public Works ? iaM has duly certified to trie construction and completion o public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into *ith said contractor; 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 con- tract and the contract documents, and that notice of completion should be filed and payment of the balance due said contract' -or 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 per- formance 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 provi- sions of the contract documents, and -that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and after final acceptance of said work as evi- dence by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of com- pletion, excepting only such sum or suns 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 accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, 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 employees, excepting only claims against the City for amounts withheld 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. THE FOREGOING RESOLUTION is approved and signed by me this 20th day of— 19 76 ATTEST: 4-Y CITY CLERK OF THE CI TT OF ANAHEfM STATE OF CALIFOPd4IA COUNTY OF 0RA14GE CITY OF ANAHEIM I, ALOINIA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R-201 eras intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheirnr6 held on the 20th day of April, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaniood, 'Kott, Roth and Thom NOES: COUNCIL 11EMBERS: None ABSENT: COUNCIL 14 -EMBERS: Seymour AND I FUT91-IER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-201 on the 20th day of April, 1976. IN VaTN ESS VIIIERIEOr, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of April, 1976. CITY CLEF-". OF THE CITY OF AINAHEIM (SEAL) I, ALOHA M. FOUGARDO City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution dYo. 76R-201 duly passed and adopted by the ^naheim City Council on April 20, 1976. City Clerk