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1960-6143RESOLUTION NO. 6143 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, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE EUCLID AVENUE STREET IMPROVEMENT,ON THE WEST SIDE OF EUCLID AVE. FROM AFPHO51f AT1 LY 1 FT. NORTH OF CRESCENT AVE. TO AYf[,C FT. NORTH OF C S ANAHEIM, JOR 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 Gazette 9 on April 15th and 22nd 19 60 9 a notice inviting sealed proposals for furnishing the fob owing: 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 Euclid Avenue Street Improvement, consist- ing of the paving of the west side of Euclid Avenue from approximately 915 feet north of Crescent Avenue to approximately )176 feet north of Crescent Avenue, in the City of Anaheim, including the construction of a sidewalk, curb and gutter, construction of a storm drain, and appurtenant work. as more particularly set forth in the plans and specifications on file in the office of the City Clerk or City Engineer, Job No. 511; in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. Piersall City Engineer and the notice inviting sealed'proposats, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 oQclock P.M. of the 28th day of April 9 1960 9 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 ascertained the prevailing rate of wages for each type of labor needed to execute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on April 28th 9 1960 9 at the hour of 2 :00 olclock P.M., the City Clerk and City Engineer 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,. including power, fuel and water, and performing all work neces- sary 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 parti- cularly 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 rd day of Mav 1960 at the hour of oVclock P.M., consider the' sealed proposals submitted or nishing 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 £1b P Box L112 Oranoe California or the construction, insta ation an comp b N et on o sa 11 ere nabove mentioned and described, was the owest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY- MILLER CONTRACTING COMPANY for furnishing all plant, labor, services, materials and equip- ment 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 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 CONTRACTING COMPANY which said contract was duly made and entered into on the 4th day of May 1960 and WHEREAS, the said SULLY MILLER CONTRACTING COMPANY has furnished all plant, labor, services, 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 specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, designas,plans, profiles, drawings and specifications pre- pared by Thornton E. Piersall. City Engineer and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion 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 with said SULLY- MILLER CONTRACTING COMPANY and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described 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 accord- ance 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 complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, 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 hereinabove more particularly de- scribed and set forth, in the City *f 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 contract r for said work be paid to it thirty-five (35) days from and «fter final acceptance of said work as evidenced by the adoption *f this resolution, but not sooner than thirty (30) days after the date of the filing of notice of corn,- pletion, 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 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 *r 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 any 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. A EST: SEAL THE FOREGOING RESOLUTION is approved and signed by me this ._12t11__ day of 19 16o C -TY CL, _RK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, M AM City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 12th day of Jules 1910_, by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson, and Schutte. NOES: COUNCILMEN: None MAYOR OF '1 CITY OF ANAHEIM ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 12th day of T ly P 1 9 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixes the official seal of the City of Anaheim this 12111 day of 191111L__. CI "Y CLERK OF THE CITY OF ANAHEIM -3-