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1965-419A 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 SEQUOIA AVENUE, FROM BRRST STREET TO APPROXIMATELY 150 FEET EAST OF SIESTA STREET IN THE CITY OF ANAHEIM JOB NO. 926. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of gener 1 circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the llth and 18th da s of February 19 65 notice inviting sealed proposals or furnishing t fol owing: 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 workman- like manner, in strict accordance with the specifi- cations, 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 Sequoia Avenue, from Brook hurst Street to approximately 150 feet east of Siesta Street, in the City of Anaheim, consisting of excava- tion, including haulaway, disposal and import borrow; construction of asphalt concrete pavement, aggregate base, Portland Cement Concrete curb and gutter, sidewalk and driveways; adjustment of manholes to grade, 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. 926. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department 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 25th day of February 19 65 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 RESOLUTION NO 65R 419 WHEREAS, on February 25 19 65 at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said sealed propoaals received up to that time for the furnishing of all niant, tabor, services, materials and equipment, and ail utilities and transportation, in- cluding power, fuel and water, and Performing all work necessary to aonstruct and complete, in a good and workmanlike manner, in strict accordance with the specificacions, plans and drawings there- for on file in the Office of he City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in public, in the T.:ity Council Chamber in the City Hall, Anaheim, California, and che ity Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meeting; and ee the City Council of the City of Anaheim did, at ts next regular meetine:, held on the 2nd day of March 19 65 a the hour of 1:30 377a P.M., consider the sealed proposals submitted for furnishing the materials and performing the Tqork hereinabove more particularly described and set forth, and did thereupon .ind and determine that the sealed proposal submitted by SULLY-MILLER CONTRACTING COMPANY p. Q. Aolc,452,_Orange California, for the construction, installation E completion of said improvement of Sequoia Avenue rom Brookhurst St. to approx. 150' E. of7lesta St., Job No. 926 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 CONTRACTING COMPANY for furnishing all plant, abor, 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 N said was duly made and entered into on day of March 19 65 and WHERFAS, 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 5 th 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 COMPANY and 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 Ely the City Coelticil of the City of Anaheim that all plant, labor, .2,rvic, triL and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and complece, 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 hersinabove 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 tetuis, conditions ard provisions of the contract documents, and that the balance due said contractor for said work be paid to it thirty-five (35 days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty 00) days after the date of the filing of notice of completion, excepting only s 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 3r withileld 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 authorized to execute and file a notice of completion of said work as te4aired by law. THE FOREGOING RESOLUTION is approved and signe„d by me this day of June 19 65, 8th ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM AYES NOES ABSENT (SEAL) MAYOR OF THE cr. OP ALIN i I, DENE M. WILLIAMS, CiT':' RK OF T DO HEREBY CETIfY THAt 1:1E. ,L' {:4 -s CI CLERK OF THE CITY OF ANAHEIM AL OF RESOLUTION i'40.6 5 hi 4 ADO TED BY THE ANAHEIM CITY COUNC:L J. 6 cf 6 5 4/24„ .....e._ I, DENE M. WILLIAMS City Clerk of the City of Anaheim, do hai;ETJEFFEITTETa the eregoing 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 8th day of June 19 65 COUNCILMEN Dutton, Peblev, Schutte, Chandler and Krein COUNCILMEN None COUNCILMEN None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 8th day of June 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th of June 19 65 CITY CLERK OF THE CITY OF ANAHEIM day