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58R-4687 - - RESOLU'l'ION NO. 468'7 r-- A RESOLUTION OF THE CITY CQUNCIL OF THE CITY OF ANAHEIX FINALLY AOOEPTING ~HE OOXPLETIOH AND THE FURJlISHING OF ALL PLANT, LABOR, SERVICES, llA- TERULS AID EQUIPMENT AND ALL UTILITIES .AND TRANS- POR'UTION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT .AND OOXPLETE THE FOLLOWING PUBLIC IXPROVEMENT, TO WIT: THE NORTH-LOAR,~ 3rrR,,:[~rp TF:eBOVF'~NF:l~'r, ON NORTH ST., FROM 10 '30 FT. EAS'I' OF' LOAHA. TO LOARA. AND ON LOARA ST. FROM 0 FT NORTH OF NORT- - JOB NO. 1 9. , WHEREAS, the Oity Council of the City of Anaheim aid oause 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 7th and JJlth dAY!'! of MAY , 19.2L-, a notioe 1n,,1 ting sealed proposals for furn1shing 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.n8s therefor on file in the office of the City Clerk or City BnZineer of the City of Anaheim, the followin'3 public improvenent, to wit: The North- Loar8 Street Improvoment, consis tin,s of the improve- ment of North ~treet, from 1030 feet east of Loara ~treet to Loara Street, and of Loara Street, from ~5o feet north of North Street to ~orth Street, by Gxcavatlon, pavin- Hi tXl four inches of plant-mix sur- facing, adjustin: existin~s manholes to grade and appurtenant work, as indicated on the plans, Job No. H:9, ,~ in acoordanoe with the designs, plans, prOfiles and speo1f1oa- tions prepared by Geor~e E. Ho]ynkA, Cit.y Kng;n~Q~ and the notice inviting sealed proposals, which said notioe speoi- fied that sealed proposals as speoified in said notioe would be reoei ved up until 2: O~ 0' clook P .X. ot the ??nd dfQ' of May ,19 J and whioh said notice d1d state and deolare that, pursuant to the provis10ns of Seot10n 1770 of the Labor Oode, the Oity Council of the City of Anaheim had asoertained the prevailing rate ot wages for eaoh type of labor needed to exe- oute said oontraot and d1d set forth the preva11ing hourly wage Icale so asoertained; and WHEREAS, on Hav 22nd , 19~, at the hour ot o'olook P.X., the City Clerk and City Engineer ot the 2:00 -1- - . ""'" f' 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 utili ties and transportation, including power, fuel and water, and performing all work necessary to con- struct and complete, in a good and workmanlike manner, in strict accordanoe with the specifications, plans and drawings therefor en 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 Ball, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Oouncil at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 27t.h day ef Hay , 19..S/L.. at the hour of 7 :00 0' clock P.... consider the sealed proposals submitted 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-I\/fTT.T'-~:H nON'rRAr:rpnm r;()MFHTV P () R{'\Y 432, Oran~e. California ' for the construction, installation and completion of said NORTH-WAliA STREET IHPROVENEHT. JOB NO. JElq hereinabove mentioned and desoribed. was the lowest responsible proposal submitted therefor, and thereuPon accepted said bid and did award a contract to said SULLY-MILLER CONTRACTING COMPANY , for turnishing 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 acoordance with the specifications, plans. and drawings, the said pUblic improvement as ,peoified in said notice inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to execute a contraot for and on behalf of the City of Anaheim with bULLY-HILLER CON'rRAC'l'TNG C~()MPA I~Y which said contract was duly made and entered into on the Jlth day of June , 19.22.....; and , WHEREAS. the said sm.f.Y -lHT.T.kR COlhRAC'rT NG COMPANY has turn1ahed all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the oon- struction and completion, in a good and workmanlike manner, in striot accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and .,ecifications prepared by Geor"'e E. Holy"'].""''', r;i ry "'''s;''''''''''' . and the oontract made and entered into w1 th j t by the Oi ty of Anaheim; and WHEREAS, the Citv :ii.ni;inA1A'I" has du.ll certified to the construction and co.pletion of said pUblic improve- ment hereinabove mentioned and described, in aocordance with the plams and specifioations and the contract documents duly made and entered into with said SULLY-HILLER CON'T'RAC;'l'Pifli- nm"'fi"/\;"V ; and r' WHEREAS, the City Oouncil finds that said contractor has coapleted 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 balance due said contractor authorized in aocord- anoe with the contract doouments. -2- - - /.,..-.. NOW p THEREFORE. BE IT RESOLVED by the Oity Oounoll of the Oity ot Anabeim that all plant. labor. servioess materials and equipment and all utilities and transportations and the pertormanoe ot all work neoessary to oonstruot>> install and complete, in a good and workmanlike manner>> in strict aocordance with the speoitica- tions>> plans and drawings therefor on file in the Otfice ot the Oity Olerk of the Oity of Anaheim>> together with the appurtenanoes thereto>> said pUblic improvement hereinabove more particularly de- scribed and set forth>> in the City of Anaheim. by said contractor, be, and the same are hereby accepted. subjeotp nevertheless, to all the terms, oonditions and provisions of the oontract documents, and that the balanoe due said contraotor for said work be paid to it thirty-tive (35) days from and after tinal acceptance ot said work as evidenced by the adoption of this resolution, but not sooner than thirty (JO) days after the date of the filing of notice of com- pletion>> excepting only suoh sum or SUllS as may lawfully be withheld in accordanoe with the provisions of said contract and oontraot doooents. That aooeptanoe by the co'ntractor of said P&1ments made in aocordance with said final estimat,e shall operate and shall be a release to the City of Anaheim>> its officers, agents and employees trom all clallll8 and liabilities due the contractor tor anything done or turnished or withheld or for anything relating to the work or any act or neglect of the Oity. its ofticers, agents and ell- ployees, excepting only claims against the City for aay aJIIoWtts withheld by the City at the time ot such payment. .AlID BE IT FURTHER RESOLVED that the Kayor and the City Olerk of the City ot Anaheim be. and they are hereby authorized to exeoute and file a notioe of completion of said work as required 'by law. THE FOREGOING RESOLUTION is approved and signed by me this c.;th day of AlleJl st , 19....s:B.-. ~ I.":' )!f, Ir/~~~ i1r oLdl' '.. F THE ITY OF AJWiEIK If. AfE OF CALIFORNIA ) (fOUlft OJ' OlWlGE ) s s. OIn OF dAJlEIK ) I, DENE M. WILLIAMS , City Clerk of the Oity ot Anaheim>> do hereby oertify that the foregoiag resolution was intro- duoed and adopted at an ad j01Jrned regular meeting provided by law of the City Council of the Oity ot A.naheim>> held on the ~t:'h d&7 of All'::!] st >> 19-50.->> by the following vote: .ArES: COUICILllEN: Pearlon. Jorden. 'hy. 8chuUe ad. Ooon.. NOES: COUIlCIlJIElh Bone. r .ABSENT: COUJiCILlIEN: lone. AND I FURTHER CERTIFY that the Kayor of the City of _&heim approved and signed said resolution on the C:;th d83 of August >>19...s!i-. III WITNESS WHEREOF, I have hereunto set my hand and affixed the offioial seal of the City of A.nalldll this ~th d&7 of Au,,"st . 19->L. ~~; ~ -3- (SML)