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1965-837RESOLUTION NO. 65R -837 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF ORANGETHORPE AVENUE, FROM APPROXIMATELY 981 FEET EAST OF MILLER STREET TO DOWLING AVENUE, IN THE CITY OF ANAHEIM, PROJECT NO. 147. 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 da s of June 19 65 a notice inviting sea a proposa s for furnishing the folowing 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 Orangethorpe Avenue, from approximately 981 feet east of Miller Street to Dowling Avenue, in the City of Anaheim, consisting of construction of asphalt concrete pavement; aggregate base; 24 -inch corrugated metal pipe including collar; applica- tion of prime coat; construction of P.C.C. curb, curb and gutter, A. C. berm; standard barricade; import borrow; clearing and grubbing; removal of miscellaneous highway facilities; relocation of chain link fence; installation of redwood header, paddle boards and "Road Narrows" signs; salvage C.M.P. and standard center line survey monument; adjustment of manholes and water valve boxes 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, Project No. 147. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De.artment and the notice inviting Seale. proposa s, which said notice specified that sealed proposals as specified in said notice would be received up until 2; o'clock P.M. of the 1st day of Jul 19 65 ani which said notice did state and ec are 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 Jul 1 19 65 at the hour of 2 :00 o'clock P.M., t o City erk and 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 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 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 6th day of July 3 at the hour of 1 :30 o'clock P.M., con- sider 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. x 432 Oran _e California insta ation an comp etion o sal improvement of ra On ethor a Ave., a••rox. 981' East of Miller St. to Dow in: ve. ro ect o. L_ ereina•ove mentione•' and •escri ed, was t e owest response e pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY MILLER CONTRACTING COMPANY or furnishing all plant, labor, ser- vices, materia s andequipment 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 excrute a contract for and on behalf of the City of Anaheim with SULLY- MILLER CONTRACTING COMPANY .ic sae contract was du 'y ma •e an entere into on t e 8th,, day of Julv 19 65 and WHEREAS, the said SULLY- MILLER CONTRACTING COMPANY as urnis ed a p ant, a•or, ser- vices, materza s n 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 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 De• artment and the contract made an entere• into wit. it •y t e ity o Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction awn 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 an or t e construction, 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 accordance with the contract documents. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Anaheim that all plant, labor materials and equipment and all utilities and transportation, and the per- formance ot all work necessary to construct, install and com- plete, 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 herein- above 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 terms, conditions and provisions of the contrwc documents, and that the balance due said contractor for said work 3e p.iid tc it thirty-five (35) days from and after final acceptance of said work as evidenced by the adoption of this rebolution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such sum or sums as my 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 employees, 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 law. THE FOREGOING RESOLUTION is approved and signed by me this 16th day of _Agyember, 19 ATTEST: CLERK OF THE CITY OF HEM YOR OF THE CITY STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 65R -837 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 16th day of November, 1965, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R -837 on the 16th day of November, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of November, 1965. (SEAL) AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CIT CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 65R -837 duly passed and adopted by the Anaheim City Council on November 16, 1965.