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59R-5286 -- _. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL or THE CITY or ANAHEIM FINALLY ACCEPTING THE OQKPLETIOH AND THE FURNISHING OF ALL P1"AN'l' p LABOR~ SlRVICES, KA- TERIALS AND E~UIPMENT AND ALL U'l'ILITIES AND TRANS- PORTATION INCLUDING POWER. FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WI'l: TH~ IMPROVEMF.NT OF' PLA CF.NTT A A VF.NTTF., FROM VRRMOM'T' AVENUE ~O APPROXTMATELY 867 F'F.F.T smITH OF VRRMON'T' AVE!'l!IJ:;. JOB NO. 227. 5286 WHEREAS. the City Oounoil of the City of Anaheim did oause to be published in a newspaper of general oiroulation. printed, published and oiroulated in the Oity of Anaheim, to witt The Anaheim Bulletin. on the 19th and 26th davs of March, , 19~. a notice inviting sealed proposals for furnishing the following: All plant, labor, services, material and ~quipment, 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 Engi- neer or City Clerk of the City of Anaheim, the following publiC improvement, to wit: The Improvement of Placentia Avenue, from Vermont Avenue to approximately 867 feet south of Vermont Avenue, by excavation, removal of existing material, construction of 3-inch plant-mix surfacing, including paint binder, construction of 6 inches of un- treated rock base, curb and gutter, installation of paddle boards, construction of 4-inch concrete sidewalk, adjusting existing water valves to grade, construction of standard commercial driveway, and appurtenant work as indicated on the plans, Job no. 227, ~ in aooordanoe with the des1gns9 plans. prOfiles and specifioa- tions prepared by Thornton PiA~RAll, C1T.~ F.~i"~.~ and the noti-oe inviting sealed proposals, whioh sud notioe speoi- fled that sealed proposals as specified in said notioe would be reoeived up unt11 2:00 o'olook PoKe of the _~th day of April . 19~, and whioh said notice did Itate and deolare that. pursuant to the provisions of Seotion 1110 of the Labor Code~ the City Council of the City of Anaheim had ascertained the prevailing rate of wages for eaoh type of labor needed to exe- cute said contract and did set forth the prevailing hourly wage soale so asoertained; and . WHEREAS, on APrH .:2 II 1$..2.-. at the hour ot 2:00 o'olook P.M.p the City Clerk and City Engineer ot the -1- ".~ City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant" labor>> servioesp materials and equipment, and all utilities and transportationp including powerp fuel and waterp and performing all work neoessary to con- struot and complete, in a good and workmanlike manner, in strict aooordanoe with the specifications, plans and drawings therefor on file in the Office of the Oi ty Clerk of the City of Anaheimp 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 sealedJeroposals and did make a report to the City Counoil at its next . .. _regular meeting; and WHEREAS, the City Council of the City of Anaheim did. at its next. -- .... r~ular meeting. held on the 14th day of April ~ .. _~_, 19..2. , at the hour of 7 :00 0' olock P.M., oonsider the sealed proposals subm1tted for furnishing the materi- als 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.O. Box ~~?, O~~ngA, C~lifn~ni~ or the construction, installation and oompletion of said Job No. '??7, TI1A Tmp~oVAmAnt of Pl~~Anti~ AVAnl1A hereinabove mentioned and desoribed~ was the lowest responsible proposal submitted therefor>> and thereupon aooePted said bid and did award a contract to said ~ SULLY MILLER CONTRAC'I'TNG COMPANY . -- for furnishing all plahtp labor" services>> materials and equipment and all utilities and transportationp including power. fuel and waterp and performing all work necessary to oonstruct and complete. in a good and workmanlike manner. in striot acoordanoe with the speoificationsp plans, and drawingsr the said pUblio improvement as speoified in said notice inviting sealed proposals. and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a oontract for and on behalf of the City of Anaheim with . S1111y MillA~Cnntl"~(O+.;n~ nnmp~n;y whioh said contraot was duly made and entere into on the lAth day of . Ap~i 1 ~~t 1929 ~; and ,r-., WHEREAS>> the Sa1~ Sl111y l-JillAl" nnnh>h;;if~r~1;K:d;Yall plant, labor~ servioes. materials and equipment and all utilities and transportation>> and performed all work neoessary for the oon- struotion and completion. in a good and workmanlike manners in striot acoordance with the specificationsD plans. drawings, of said pUblic improvement as specified in the notice inviting sealed pro- posals and in the detail. design. plans>> prOfiles. drawings and specifications prepared by Tho~Dton Piersall, City Engin8A~ . ~, and the contract made and entered into with H. . by theC! ty of Ana.heim; and WHEREASs the _ City F.ng; nAA~ ___has dull certified to the construction a.nd completion of said publio improve- ment hereinabove mentioned and described, in accordance with the plans and speoifications and the contraot doouments duly made and entered into with said Sully ruller Contra~ting Comp~n~ .. .. >> and WHEREAS. the City Council finds that said oontractor has oompleted said pUblic improvement hereinabove more particularly de- scribed in accordance with the provisions of the contract and the contract doouments, and that notice of completion should be filed and payment of the balanoe due said contractor authorized in aooord- ance with the contract documentso =2- - - NOW, THEREFOREJ BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant, labor, servioes, materials and equipment and all utilities and transportation, and the performanoe of all work neoessary to oonstruot, install and oomplete, in a good and workmanlike manner, in striot aooordanoe with the speoifioa- tions, plans and drawings therefor on file in the Offioe of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto, said public improvement hereinabove more partioularly de- soribed and set forth, in the City of Anaheim, by said oontraotor, be, and the same are hereby acoepted, subject, nevertheless, to all the terms, conditions and provisions of the oontraot documents, and that the balance due said oontraotor for said work be paid to it thirty-five (35) days from and after final aoceptanoe of said work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notioe of com- pletion, excepting only suoh sum or sums as may lawfully be withheld in aooordance with the provisions of said contraot and contract documents. That aoceptance by the contractor of said payments made in aocordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offioers, agents and employees from all claims and liabilities due the oontractor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of the City. its offioers. agents and em- ployees, exoepting only claims against the City for any amounts withheld by the City at the time of suoh 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 exeoute and file a notice of oompletion of said work as required by law. this THE FOREGOING RESOLUTION is approv~d and signed by me 9th day of June , 19~. AT~ST: ~,~~ MAYOR OF CITY OF ANAHEIH ~h. '2):d;J~~~j CITY CLERK OF THE CITY OF ANAHEIX STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe OITY OF ANAHEIX ) I. Dane M. Williams , Oity Clerk of the Oity ot Anaheim. do hereby oertify that the foregoing resolution was intro- duoed and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 9th day of June . 19..2.2-. by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry and Schutte NOEB: COUJlCILHEJl; None .ABSENT: COUHCILMEN: Pearson ~.. AND I FURTHER CERTIFY that the Kayor of the City of Anaheim approved and s~ned said resolution on the 9th day of Jl1nA , 1922.-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offioial seal of t~ City of Anaheim this 9th day of June , 19~. ( SEAL ) '2b' . C*atE~F THE~fJ( -3-