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56R-3595 - RESOLUTION NO. 3586 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF THE INTERSECTION OF LA PALMA AVENUE AND EAST STREETS. JOB NO. 117. -,,- WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general cl~culation, printed, pUblished and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 19th and 26th days of June , 19 56 ,a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the plans and specifications on file in the office of the City Clerk of the City of Anaheim, the improvement of the intersection at La Palma Avenue and East Street by construction of cul- verts, excavation, paving with plant-mix, adjust- ing existing manholes to grade, construction of concrete curbs and gutters, construction of storm drains, including all equipment, castings, struc- tures and excavation, construction of plant-mix berms, and appurtenant work, as indicated on the plans, Job No. 117. in accordance with the designs, plans, profiles an~ specifications pre- pared by GBorfA E. HolrokA Citr En~ineer and the notice inviting sealed proposa s, which saiJ not ce specifIed that sealed proposals as specified in said notice would be received up until 7:00 o'clook P.M. of the 10th day of July , 19 C;6 ,and which said not ice 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 prevailing hourly wage scale so ascer- ,- tained; and WHEREAS, at a regular meeting of the City Council held on the 10th day of' July ,19C;6 ,at the hour of 7:00 o'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 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 aooordanoe with the speoifications, plans and drawings therefor on file in the office of the City Clerk -- at the City of Anaheim, of the public improvement hereinabove more particularly desoribed and set forth; and WHEREAS, the City Council did thereupon refer said bids to the Citv En~ineer for examination tabulation and report to the City Council, and said City En~ineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Oouncil; and WHEREAS, the City Counoil did meet in regular session on the 10th day of Julv , 19 C;6 , at the hour of 7:00 o'olook P.M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more partioularly described and set forth, and the Citv En~ineer 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 COMPANY for the oonstruction, installation and oompletion of said imnrovement of the intersection at La Palma Avenue and East Streetr Job No. ]17, hereinahove mentioned and desoribed was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY-MILLER CONTRACTING COMPANY for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work neoessary to construct and complete, in a good and workmanlike manner, in strict accordanoe with the speoifications, plans, and drawings, the said public improvement as specified in said notioe inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with 'SULLY-MILLER CONTRACTING COMPANY, P. O. Box 432. Oran~e. California ,which said contraot was duly made and entered into on the 11th day of July 19....2.2-; 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 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 notioe inviting sealed proposals and in the detail, design, plans, profiles, drawings and speoifications prepared by GAOrliitA F. Hal tOkth 01 ty Enlifineer , and the contract made and entered into wit __em by the City of Anaheim; and ,- WHEREAS, the City En~ineer has duly certified to the oonstruotion and oompletion of said publio improvement hereinabove mentioned and desoribed in aocordanoe with the plans and specifioations and the contract documents duly made and entered into with said SULLY-MILLRR CONTRACTING COMPANY ; and WHEREAS, the Oity Oouncil finds that said contractor has com- pleted said public improvement hereinabove more particularly desoribed in aocordance with the provisions of the oontract and the oontract documents, and that notioe of completion should be filed and payment of the balance due said contractor authorized in acoordance with the contraot doouments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, servioes, materials and equipment -2., - t#,. , ~ and all utilities and transportation, and the performance of all work neoessary to construot, install and oomplete, in a good and workmanlike manner, in strict accordanoe with the speoifioations, plans and drawings therefor on file in the offioe of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto of said pUblic improvement hereinabove more partioularly desoribed and set forth, in the City of Anaheim, by said oon- traotor, be, and the same is hereby, acoepted, subjeot, neverthe- less, to all the terms, oonditions and provisions of the oontraot documents, and that the balance due said oontraotor for said work be paid to them thirtY-five (35) days from and after final aooeptance of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notioe of oompletion, exoepting only suoh sum or sums as may lawfully be withheld in aooordance with the pro- visions of said contract and contraot doouments. That acoeptanoe by the contraotor of said payments made in accordanoe with said final estimate shall operate and shall be a release to the City of Anaheim, its offioers, agents and employees from all olaims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any aot or neg- leot of the Oity, its officers, agents and employees, excepting only claims against the City for any amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the Oity Clerk of the City of Anaheim be, and they are hereby, au~horized to exeoute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION was signed and approved by me this 6th' day of December , 19 156 . ~ ..-------- . ~/_~ MAYOR OF THE CITY OF ANAHEIM ATTEST: r", "0 >""-t, ,/-' - ct, ~oLk6F f~!~orAWEIM -3- STATE OF CALIFORNIA K) COUNTY OF ORANGE )55. CITY or ANAHEIM ) ........... I, DENE M. WILLIAMS, City Clerk of the City of Anaheim do hereby certify that the foregoing Resolution "'liS duly paS5ed and adopted at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 6th day of December, 1956, by the following vote of the members thereof: AYE: COUNCILMEN: Coons, Fry, Schutte and Wisser NOES: COUNCILMEN: None AItiENT: COUNCIIJmN: Pearson AND I FURTHER CERTIFY that the Mayor (Pro Tern) of the City of Anaheim approved and signed said Resolution on the 6th day of December, 1956. IN \fITNISS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of December, 1956. j)~ m)~ CITY C~ OF THE CITY OF ANAHEIM (SEAL) -.