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57R-3690 -- -, RESOLUTION NO. 3690 A RESOLUTION OF THE CITY COUNOIL -~ WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general o1~cUlation, printed, pUblished and ciroulated in the Oity of Anaheim, to wit: The Anaheim Bulletin, on the 26th day of October and. 2nd day of NQvember. , 19 S6 , a notice inviting sealed proposals for furnishing 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 comylete 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 following public improvement, to wit: UNIT A: The improvement of the second alley north of La Palma Avenue between Patt and Kemp streets, by excavation, construction of a lS-ft. strip of 6-in. cement concrete and appurtenant work, as indicated on the plans; and UNIT B: The improvement of the second alley south of Cen- ter S~eet between PhiladelJhia and Claudina streets, by excavation, construction of a 20-ft. strin of cement con- crete, adjustine an existing manhole to grade, and appur- tenant work, as indicated on the plans, Job. No. 127. in acoordanoe with the designs, plans, profiles and speoifioations pre- pared by G~or~e E. ~olt:kel City En~ineef and the notioe inviting sealed proposals, whic said notice speolflea that sealed proposal. as specified in said notice would be reoeived up uQtil 7:00 o'olock P.M. of the 13th day of November , 19 56 , and which said notice did state and deolare that, pursuant to the provisions of Seotion 1770 of the Labor Oode, the City Counoil of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to execute said contraot and did set forth the prevailing hourly wage scale so ascer- '_ I""""" tained; and WHEREAS, at a regular meetin~ of the City Council held on the 11th day of .i'(~mber , 19 6 , at the hour of 7:00 o'clook P.X. of sald date, said City Council did hold a pUblic hearing for the purpose of opening sealed proposals reoeived up to that time, for furnishing of all plant, labor, servioes, materials,and equipment, and all utilities and transportation, inoluding power, fuel and water, and per- -1- .-- - forming all work neoessary to oonstruot and complete, in a good and workmanlike manner, in strict aocordanoe with the speoifications, plans and drawings therefor on file in the offioe of the Oity Olerk of the City of Anaheim, of the public improvement hereinabove more partioularly desoribed and set forth; and WHEREAS, the City Council did thereupon refer said bids to the Oi ty En~lneer for examination tabula t i on and report to the Oi ty Counoil, and said Oi ty Enp;lneer did thereupon examine and tabulate said sealed proposals and report the result of his t~bulatlon to the City Counoil; and --"........ WHEREAS, the City Counoil did meet in regular session on the 11th d~ of November , 19 56 ,at the hour of 7:00 o'clook P.M. to oonsider the s~aled proposals submitted for furnishing materials and performing t~e work hereinabove more partioularly described and set forth, and the City Engineer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Counoil did thereupon find and determine that the sealed proposal submitted by SULLY-MILLER CONTRACTING CO~ANY for the oonstruotion, installation and co~pletion of said lmprovemen~ of e n rt of a Palma and AIle South ot Center,Units "An & n~n JOO #127 hereinahove mentioned and desoribed was t e lowest responsible pro- posal submitted therefor, and thereupon a~oepted said bid and did award a oontract to said SULLY-MILLER CON'rRACTING COMPANY for furnishing all plant, labor, servioes, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work neoessary to construot and oomplete, in a good and workmanlike manner, in striot aooordanoe with the speoifioations, plans, and drawings, the said publio improvement as speoified in said notioe inviting sealed proposals, and did authorize the Mayor and the Oity Clerk of the City of Anaheim to execute a oontraot for and on behalf of the City of Anaheim with SULLY-MILLER CONTRACTING COMPANY , whieh said oontraot was duly made and entered into on the 15th day of November 19.....56-; 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 neoessary for the oonstruotion and completion, in a good and workmanlike manner, in strict aooordance with the speoifioations, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, pro~iles, drawings and speoifioations prepared by George E. Holyoke, City Engineer , and the oontraot made and entered into with it by the City of Anaheim; and ----. .- WHEREAS, the City Engineer has duly certified to the construotion and completion of said public improvement hereinabove mentioned and desoribed in aooordanoe with the plans and speoifioations and the oontract doouments duly made and entered into with said SULLY-MILLER CONTRACTING COMPANY ; and WHEREAS, the Oity Oounoil finds that said oontraotor has oom- pleted said pUblic improvement hereinabove more partioularly desoribed in aooordanoe with the provisions of the Qontract and the oontraot doouments, and that notioe of oompletion should be filed and payment of the balance due said oontraotor authorized in aooordance with the contraot doouments. NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the Oi ty of Anaheim that all plant, labor, servioes, materials and eqUipment -2- --.~ i~ _. - -, and all utilities and transportation, and the performanoe of all work necessary to oonstruct, install and complete, in a good and workmanl1ke manner, 1n striot aooordanoe with the speoif1oatlons, pI... and drawings therefor on tile in the ottioe ot the 01t, alerk ot the Oity of Anaheim, together with the appurtenanoe. thereto of said pUblio improvement herein~bove more partioularly de.oribed and set forth, in the Oity of Anaheim, by said oon- traotor, be, and the same i8 hereby, aooepted, subjeot, neverthe- le88, to all the terms, oonditions and provisions of the oontraot doouments, and that the balanoe due said oontractor tor said work be pa1d to it thirtY-five ('5) da7s trom and after tinal aooeptance ot said work as evidenoed PI the adoption Of thi. re.olution, but not sooner than th1rt, ('0) dars after the date of the fillng of notlce ot oompletion, excepting only such sum or sums a. may lawtully be witliheld 1n aooordance wlth the pro- vislons of sald contraot and oontractdocuments. That acoeptanoe by the oontraotor of said payments made in aooordanoe wlth said flnal eltimate shall operate and,lhall be a release to the Oity of Anahelm, lts offioers, agenis and employees from all olaims and liabl11t1es due the oontraotor for anything done orfurnlshed or w1thheld or for anything relating to the work or any aot or neg- leot ot the Oity, its offioers, agents and employees, exoepting only olaims against the Oity for any amounts wltbheld b1 the Oit7 at the time of suoh parment. AID 81 IT FUR'.rHI:R RESOLVe that the .yor and the 01ty Olerk ot the 01ty ot Anahelm be, and they are hereby, authorized to exeoute and tl1e a not1oe ot oompletloa of said work as required b7 1.... . ~m: FORmOING USOLUTIOI was signed and approved by me this 11th dq of February , 19 .,7 . ~ &!"Oil or 'flit OITY or AlA.klI. ptflltO T!:M AT'!UI's ~.J: OI-Vif'iik. _Ill -J- ,..-- - mn OF CALIlORlIJ. ) COUf1'Y OF ORUGI )ss. em OF ANAHIIM ) ,~- I, DEllI M. WILLIAH3, city Clerk of the City of Anaheim, dD hereby certify that the foregoing Reaolutiorl was duly passee. ud adopted at a regular meeting of the City Council of the City of Analleim, held on tile Uth day of February, 1957, by ttle follow- iJlg tete of tlle members thereof: AYll8: NOilI: COUIClOOll: Coons, Fry, Schutte and Wisser COUllCIWN: None A1BIN'l'E COUllCIUali: . ~on Pro hill AND I FUllTHD CIRTIFY that the Mayor/of the City of All.aheim approfed and signed. said Resolution on the 13th day of February, 1951. IN lIu:'- ~}o', I have hereunto ~t m:t hand a.ncl affixed. the seal of the City of Anaheim thia 13th day of February, lt57. 4L J4( ~~ em CLIR[ OF m C . .. (SilL) .~-