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1965-180A 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 THE TRAFFIC ISLAND AT LIN- COLN AVENUE AND CENTER STREET APPROXIMATELY 950 FEET WEST OF STATE COLLEGE BOULEVARD IN THE CITY OF ANAHEIM in accordance with the designs, plans, profiles tions prepared by the Public Works Department and the notice inviting sealed proposes, which specified that sealed proposals as specified in be received up until 2• o'clock P.M. of the 1964 and which said notice did state and declare That, pursu'nt 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 December 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 17th and 24th days of December 19 64 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 Improvement of the Traffic Island at Lincoln Avenue and Center Street, approximately 950 feet west of State College Boulevard, in the City of Anaheim, consisting of sawcutting asphalt concrete pavement; exca- vation, haulaway and removal; construction of asphalt concrete pavement and Type -D curbing, and appurtenant work as more particularly set forth in the plans and specifica- tions on file in the Office of the City Clerk or City Engineer, Job No. 918. RESOLUTION NO, 65R 180 a notice inviting se led proposals for WHEREAS, on December 30 19 64 at the hour of 2 :00 o'clock P.M., the City Clerk and the City Engineer of -1- and specifica- said notice said notice would 30th day 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, in- cluding 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 there- for 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 5th day of January 1965 at the hour of 1 :30 o "clock P.M., consider 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 CONTRACTING COMPANY, P 0. Box 432, Orange,California for the construction, installation and completion of said imp rovement of the traff'c island at Lincoln Avenue and Center Street hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY MILLER CONTRACT ANY for furnishing all p lant la or, ser- vices, 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, the said pub- lic 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 CONTRACTING COMPANY which said contract was duly made and entered into on the 7th day of January 19 65 and WHEREAS, the said SULLY- MILLER CONTRACTING COMPANY has furnished all plant, labor, ser- vices, materials 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 speci- fications, 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 with it by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public 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 C,OM ANY an WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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 the City Council of the City of Anaheim that all plant, labor, service,, and equipment and all utilities and transportati and the per formance of all work necessary to construct, irestail and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor one file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby acceieted, subject, nevertheless, to all the terms, conditions and prpvisions of the contract documents, and that the balance due said contractor for said work be paid to it thirty-five (W 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 sch sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the con- 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 liabilities due the contractor for anything done or furnished Dr 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 any amounts withheld by the City at the time of such payment AND BE IT FURTHER RESOLVED that the Mayor and the City Clerl of the City of Anaheim be, and they are hereby adthorized to execute and file a notice of completion of said work as te.4e,.irei by law. THE FOREGOING RESOLUTION is approved and sigr.d by me this day of March 9 19 65 (SEAL) ATTEST DENE M. WILLIAMS, CITY CLERK BY DEPUTt4-1- Y CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM. I, DENE M. WILLIAMS Anaheim, do hereby certi y t at t e duced and adopted at/a law of the City Council of the City day of March 9 1965. AYES COUNCILMEN Pebley, Dutton, Schutte, Krein and Chandler 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 9th day of March 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of 1965. -3- MAYO 1 E1,4.1. City Clerk of the City of oregoing resolution was intro regular meeting provided by of Anaheim, held on the 9th DENE M. WILLIAMS, CITY CLERK BY CITY CLERK OF THE CITY OF ANAHEIM