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64-018 ~ RESOLUTION NO. 64R-18 A RESOLUTION OF THE' CITY COUNCIL O.F TI~. tITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE '~JRNISHING OF ALL PLA~, LABOR' SERVICES, MATERI~S 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 IM- PROVEMENT, TO WIT: .THE ...I, MPRO.VEM$.NT OF. ,LA PA.LMA AVENUE., _.FROM ACACIA ~TREET TO ~.EAST STREET, IN THE CITy OF .ANAHEIM, .P.R~OJ. ECT N~.Q.; 1~.!1. · , ,,. i ,, u , , ,, , , J,,,i i , , i' ,,,~ ,i i! i , i . ,,, , , _, ,~,,, ~ , ,, · ~ , ,. ,,,, , , ~ __~ ~ _, , I I ' I ~ , , I , ,m , _ , I1 t 11 11 it i WHEREAS, the City Council of the City of Anaheim did .cause to be published in a newspaper of goneral circulation, pr±need, publ±shed and c±rculat:ed in the ¢it:y of ~naheim, to w±t:: The Anaheim Bulletin, on June 27.th and July 3rd, 19.63. ' , .~ , a notice invitin~Sea'led ..... Prop°.Sals 'fOr fu'rn~shing ~he~ .'?~o I lowing: All pl.ant, labor, servtces,~ materials, and equipment, and all utilities and transportation,, including power, fuel, and water, and performing all ~rk necessary-to construct and complete tn a good and workmanlike manner, in strict accordance with the specifications, plans and drawtngs thcr¢o£or on file in the Office of the City Engineer or City Clerk of the City of Anah~im, the followin9 ~public improvement, to wit: Thc Improvement of La Palina Avenue, from Acacia $tr'eet tO'East Street, in the City of Anaheim, consistin9 of excavation, embankment and miscellaneous removal; construction of 2"' 3" and variable thickness A.C. pavement, including .prime' coat, wee~l killer, paint btnder and fog seal coat; 4 inches of aG§regate base; removal and installation of paddleboards, removal of Portland Cement Concrete pavement; adjustment of manholes and water valve boxes to 9rade, and appurtenanlj work as.more .particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Project No. 111. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed pr6'p0sals, which said-not'ice .... ' specified that sealed proposals as specified in said notice would be receivod up until 2:00 o'clock P. M. of the ll'th day of__ July ,-'1963 , and which said n'0tice did state 'and 'declare th'at, pursuant' t~o the provisions of SectiOn 1770 of the Labor Code, the City Council of the City of Anah.eim had' ascertained the prevailing rate of wages for each type of labor needed to execut.e said .... contract and did set forth the prevailing hourly wage scale so ascertained; and of 2:00 ,, WHEREAS, on July llth 19 63 at the hour o clock P. M., the"citY "Clerk and" city Engineer' of -1- the City of Anaheim did open said' sealed proposal.s received up to that time for the furnishing of al~ plant~ labOr, services, materials and equipment, and all utilities and transPortation, including power, fuel and water, and performing al! work neces~ sary to construct and complete~ in a good and workmanlike manner, in strict accordance with the spectfication~:, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement her¢lnabove more patti- cularly described and set forth, in publi¢~ in.thc City Council Chamber in the City Hall~ Anaheim~ California~ .and the C~ty Engineer did tabulate the result of said sealed proposals and did make a report to.the City Council at its next ..... -- , ._ regular meetingl and WHEREAS, the City Council of the City of Anaheim did, at its next --... regular meeting, held on the ~!6th day of. J'u!v , 196_.3__, at the hour-of.~ ~:00 " oVclock Po M°, c0'nsider' the sealed proposals submitted for fur= nishtng the materials and performing the work hereinabove more ~articularly described and set forth~ and did thereupon find and determine that the sealed proposal submitted b¥...SULLY-MILLER ,o O Box ,h.~2 Oran_~e Cs. 1 ifor,,n, ia CONTRACTI,, NO_ COMPs%NY,,,,, , , ., ~ ., _, _,~ , ,, . . ,. ................ for l~e construction, installation and completion of said _ improvement_ of. La Pal,ma Avenue. Pro.ie~,ct .,,,.No.... 1!1 . hereinabove mentioned and""d~s"cr'i'bed, was the 'lSwe'~t.~ '~espo~Sibl~ proposal submitted therefor, and thereupon accepted said bid and did award a contract to said _SULL¥-MILLER_CO,N.~~~TINQ_COMPAN_Y f"or 'f'ur'r~"i'shir[g 'all' piant~ labor~, servi~-e"s~-~'a.tel;ials' ar{d "e'qut'~'= ment and all utilities and transportation~ including power, fuel and water~ and performing all work necessary..to construct and complete, in a good and workmanltke 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 CONTRACTINO COMPANY ~._ .,~, ,~ _ which said contract was duly ~ade and entered into on the i~th day of _July .... ~ 196~_~__; and WHEREAS, the sa i d SULLY-I~,II LLER CONTP~qCTING 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 9ood and workmanlike manner~ in strict accordance with the specifications, plans, drawings of said public improvement as specified in the notice inviting sealed prooosal$ a~a in the detailed designs, plans, drawings, and spe~i'~cattons prepared by Public ~'./o, rl,kS_ De, p~Ftnlenl~ ,,~, and the contract made and entered into with ...... i,t,,, , by the"~ity of Anah¢im; and WHEREAS, the _..Director of Public Works .... . ha/ duly certified to the construction and'"co~Piet'i'On'''of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into wi th said ..... SULLY-MIL4ER CON,T~RJ~,CT,,ING. COMPA~fY _ , ................................... ; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions o£ the contract and the contract documents~ and that notice of completion should be filed and payment of the balance due said contractor authorized in accord- ance with the contract documents° =2- NOW, THEREFORE, BE IT RESOLVED by the City Council Of the City of Anaheim that all plant, labor~ services~ mate~ials and equipment and all utilities and t~anspo~tation~ and the fo~mance of all work necessary to constmuct~ i~stall and complete~ in a good and wo~kmanlike manne~ in strict accordance with the specifications~ plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim~ togethe~ with the appurtenances thereto~ said public improvement hereinabove mo~e particularly described and set fo~th~ in the City. of Anaheim~ by said cont~acto~ be~ and the same are hereby accepted~ subJect~ neve~theless~ to all the terms, conditions and p~ovisions of the contract documents~ and that the balance due said contractor £or said work be paid to it thi~ty~five (35) days £~om and a~te~ final acceptance of s~rk as evidenced by the adoption off this ~esolution~ but not soone~ than thirty (30) days a£te~ the date the filing of notice of completion~ excepting only such sum o~ sums as may lawfully be withheld in accordance with the p~ovisions o~ said contract and contract documents° That acceptance by the con- tracto~ of said payments made in accordance with said £inal.-estimate shall operate and shall be a ~elease to the City o~ Anaheim~ its officers~ agents and employees from all claims and liabilities due the contractor fo~ anything done o~ ~urnished o~ withheld o~ £o~ anything relating to the work or any act or neglect of the City~ its office~s~ agents and employees~ excepting only claims against the City ~or any amounts withheld by the City at the time o£ such payment, AND BE IT FURTHER RF~OLVED that the Mayo~ 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 requi~ed by lawo THE FOREGOING RESOLUTION is__~p.p~oved and signed by me this ~_ lhth ...... day of =, J~nua_r_.v ~YOR O~'-T~E-~Gi~ OF ~A~~ A~E~ ~ OlT~ ~~-OP ~ CITY OP STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s o CITY OF ANAHEIM ) I, DENE~ M.W.ILLIANS ._. ~ City Clerk of the City of Anaheim~ do-hereby ~erttfy that. ~he foregoing resolution was introduced and adopted at a -_ regular meeting pro~ vided by law of the City Counc-~l '6f~ 'the. ci'ty of Anaheim~ held on the ..__l~t_h ...... day of :_ ,]an_u.ar%_-~ "'.. ....... ..._ .... , 19 ~ja._~ by the. following vote: AYES COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCI.~.' None ABSENT: COUNCI~N: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the ___!4th`, day of J_anuary ..... _ _ ;,. ~_.~ 196~4 o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this !4th day of _. J. anu_ary_ .__.-_ _ ~ 19~ C l'r~ --C~- 0I~- T~ CITY OF ANAREII~ -3-