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57R-4271 RESOLUTION NO. 4271 ,,,.-.. A RESOLUTION OF THE CITY COillfCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIP1lENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENTs THE IMPROVE- MENT OF PALM LANE, FROM BALL ROAD SOUTHERLY AID WESTERLY TO EUOLID AVENUE, JOB NO. 1.,2. WHEREAS, the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 8th IWd 16th daYS of October , 19 57 , a notice inviting sealed pro- posals for furnishing the followings All plant, labor, services, materials and equipment, and all utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to oonstruct and oomplete, in a good and workmanlike manner, in strict accordance with the plans and speoi- fioations on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following publio improvement, to wit: The improvement of Palm Lane, from Ball Road southerly and westerly to Euclid Avenue, consisting of excavation, paving with four inohes of plant-m1x surfacing, adjusting existing manholes to grade, and appurtenant work as indicated on the plans, Job No. 152, in accordance with the designs, plans, profiles and specifications prepared by GAOl"i'8 E. Holyoke at ty Eng:inut' and the notice inviting sealed proposals, which said'notice specified ~1at sealed proposals as specified in said notice would be received up until 7: 00 0' clock P. M. of the 22nd day of October , 19~, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to execute said contract and did set forth the pre- vailing hourly wage scale so ascertained; and ,-"" WHEREAS, at a regular meeting of the City Council held on the 22nd day of Ootober , 19 57 , at the hour of 7: 00 a' clock P. M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and -1- complete, in a good and workmanlike manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the City Clerk of the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the C1 tv t'fineer for examination, tabulation and report to the City Coune~ and sai C1 ty En'f1nees: did thereupon examine and tabulate said sealed pro- posals and report the resu t of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 22nd day of Ootober ,19..2L, at the hour of'z.: 00 o' clock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Ci tv Engineer of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by SULLY-HILLER CONTRACTING CO., P. O. Box 432, Oran@:e, California for the construction, installation and co~ pletion of said IMPROVEMENT OF PALM LANE, JOB NO. 152 hereinabove mentioned and des- cribed was the lowest resuonsible uronOSA] submitted therefor, and thereupon ac- cepted said bid and did award a contract to said SULLY-MILLER CONTRACTING CO. for furnishing all plan t, 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} 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 Anabei!". to execute a contract for and on behalf of the City of Anaheim with SULLY_MILT~H CONTRACTING CO. which said contract was ~y made and entered into on the 23rd day of October , 19...2Z-; and WHEREAS, the said SULLY-MILLER CONTRACTING CO. has furnished all plant, labor, services, 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 specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by Geor~e E. Holvoke, C1 ty Enp;ineer_, and the contract made and enterea:-- into w th 1t by the City of Anaheim; and WHEREAS, the C1 ty Enp;1neer the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said ; and has duly certified to improvement hereinabove mentioned specifications and the contract SULLY-MILLER CONTRACTING CO. 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 co~ pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE I~ RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the spe- cifications, plans and drawings therefor on file in the office of the City Clerk of the City of An~leim, together with the appurtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted, subject, -2- .-'"~~~'";;-_>"'.'~.".U" '''..,'...'.-.,..,__.''''**'=____,__.._,.... - ~ ~, nevertheless, to all the terms, conditions and pr~isions of the contract docu- Mnts, and that the balance liue add contractor forr said work be paid to 111 thirty-five (5) days from and after final acceptance 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 notice of compl~tion, excepting only such sum or sums as ~ lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accordance with said fina1 estimate shall operate and shall be a re1ease to the City of Anahei~ its officers, agents and empl~yees from all claims and 1ia- bili ties due the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neg1ect of the City, its officers, agents and employees, excepting on1y claims against the City for any amounts withhdd by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayoll' and the City C1erk of the City ot ~nah.im be, and they are hereby authorized to etecute and file a notice of CODpletion of said work as required by 1a.._ day of THE FOQGOING RESOLOTION is signed and a9Proved by me this ho...'har , 19 57. 10th c~~~1?u~ - -~ UTEST. STATE OF ~FORNIA co<<mry OF OIWl'GE cm or .lNAHIIJ( } ss. I, Anabei., do here at a _ of - >>~--_..._ , City Clerk ot the City ot e rego ng esol\!l.tion was passed and adopted regular llIeeting ot the City CC>Ul1cil held on the lfltlac dq , 19 '.7 , by the following vote of the memberstJii'reot. AIlS. COUNCIUI!N Pearson, Coons, Fry, .Schl.ltte and Wisser NOSI. COUNCILMEN None AJISIm'. COUNCILMEN. None AND I FUlTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the lOtlhday ot D~~~~, 19..5..L_ IN WITNESS WHEREOF, I have hereunto set my hand and' affixed the seal of the City of Anaheim this Hlth day of ~~........ ,19 j7 . -----., ~#'~ (SIlL) -3-