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66-182 -- RESOLUTION NO. 66R-182 A 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 9 AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT ~ THE IMPROVEMENT or HARBOR, BOULEVARD FROM APPROXIMATELY 5.50 FEET NORTH or ROmYA DRIVE fiR ti~OXDfAtE&y ~l 5 lDLSfTH or.R~ DR! IN-mE In (jr ANAHEIM JOB NO ~ 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 Bu11etin~ on the 14th and 21st days of October , 19 65 ,a notice inviting sealed pro- posals 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 drawi~s therefor on file in the Office of the.City Engineer or City Clerk of the City of Anaheim, the following pu61ic improvement, to wit: The Improvement of Harbor Boulevard, from approximately 550 feet north of Romneya Drive to approximately 41.5 feet south of Romneya Drive, in the City of Anaheim, consisting of excavation, including compacted embankment, hau1away and disposal; construction of asphalt concrete pavement, aggregate base, P.C.C. drive, P.C.C. curb, and curb and gutter, P.C.C. sidewalk; relocation of miscellaneous poles, signs and traffic signals; removal of existing highway facilities; adjustment of water.va1ve'box to grade, and appurtenant work as more particu1arl! set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 941. - in accordance with the designs, plans, .profi1es and specifica- tions prepared by the Public Works De2artment , 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 28th day of October ,19 65 ,and which said notice did state and declare that, pursuant 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 WHEREAS, on October 28 , 19 65 ,at the hour of 0'c10ck P.M., the City Clerk and the City Engineer of 2:00 -1- .-. the City of Anaheim did'open said sealed proposals received.up to that time for the furnishing of all plant, labor, services, materials and equipmen~, and all utilities and transportation, including power, fuel a~d' water, an4," performing all work neces- sary to construct an.d complete, in:~" good and workmanlike manner, in strict accordance with the specifications, plan.s and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly de- scribed 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 re- port 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 2nd day of November ,19 65 , at the hour of "'2:'OO.ovclock P.M., con- sider the sealed proposals submitted for furnishing the materials 'and performing the work hereinabove more pa~ticular1y described and set forth, and did thereupon find and. determine that the sealed proposal submitted by SULLY-MILLER CONTRACTING COMPANY. P. O. Box 432tl Or~etl Ca11forniatl, for the construc- tion!, ins.tal ation ,and com..pletion of said improvement of Harbor BouJ.evard, in the Cit of m Job No. 9liI . . _ .. ",' .'''~'', one an. ......escr e, was e lowest responsible proposal' 's', -t!ted ther410r J' and thereupQ.n accepted said ,bid and did award a ,contra~t to'said SULLY-~LLER CONTRACTING COMPANY . for furnishing all plant, labor, services, materials and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work n.ecessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, 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 con- tract for and on behalf of the City of Anaheim with SULLY-MILLER CON'l'BACTING COMPANY ' which said contract was duly made and entered into on the 5th day of November ,19 65 ; and , WHEREAS, the said SULLY-MILLER CONTRACTpm COMPANY . has furnished all plant, ,abor" services, materials and equipment and' all utilities and transportation, and performing all work necessary for the construction and completion, in ~ good and workmanlike manner, i~ strict accordance with the specifications, plans and. drawings of said public improvement as specified in the notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works Department ' J 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 improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered in.to with said SULLY-MILLER CONTRACTING COMPANY ; and 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 p.yment 'of the balance due said contractor authorized in.accordance with the cont~act documents. -2- .- NOW;l THEREFORE" BE IT RESOLVED by' the City Council of the City of Anaheim that all plant, labor~ aervices, materials and equipment and all utilities and tTansportation, 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 specificat.ions, 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 parLicu1ar1y 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 contr~~c documents, and that the balance due said contractor for said work ',e paId to it thirty-five (35) days from and after final acceptance of said ~ork as evidenced by the adoption of this re~olution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only s\1ch s~m or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That accept- ance 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 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 e~ployees, 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 1a-w. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of March , 19 66 . ' 'ATTEST: "/,"<, .' , ~. .0 ~.. t ........... "-... ~ ~rmfe~F~~ ....- -3- - - STATE OF CAL~FORNIA ) COONTY OF ORANGE ) s s . CITY OF ANAHEIM ) ~. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby oertify that the foregoing Resolution No. 66R-182 was introduced and adopted at a regular meeting provided by ]a w, of the City Council of the City of Anaheim, held on the 8th day of March, 1966, by the following vote of the members thereof. AYES. COONCILMEN. Dutton, Pebley, Schutte and Krein NOES: COUNCILMEN. None ABSENT: COUNCILMEN: Chandler , AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R-182 on the 8th day of March, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of ~archs 1966. ('. . r'. i --, - '-+-"---'" ~,w. d./~'; ",~~ CIT . CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R-182. duly passed and adopted by the Anaheim City Council on March 8, 1966. r-" i j ~ ~-, , ~ /?t. --- '-""::'--,---- ~~.....-~~ CITY CLERK .-.... to