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58R-4531 ,,- RESOLUTION NO. 4531 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHIIlG OF ALL PLANT, L.lBOR, SERVICES, IlA- TERIALS AND EQ,UIPMENT AND ALL UTILITIES AND TRANf>. PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: i'Ii! IMPR.QIEHEH.:r QF WES~ S1'.B.ER'l.', li'RO'M SOU'l'H S'f'RRRT To BALL ROAD, JOB HO. 171. WHEREAS, the City Council of the City of Anaheim did oause to be published in a newspaper of general oirculation, printed, published and ciroulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the lh.th and 21st dayS of li'eb'PUA"'Y , 19~, a notioe inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, inoluding power, fuel and water, and performing all work necessary to oonstruct and complete in a good and workmanlike manner, in strict acoordance with the speoifications, plans and drawings therefor on file in the oftice of the City Clerk or City Engineer of the City ot Anaheim, the following public improvement, to wit: The Improve- ment of West street, from South street to Ball Road, consisting of excavation, removal of existing material, paving with four inohes of plant-mix paving, cross- gutter construction, adjusting existing manholes to grade, and appurtenant work, as indicated on the plans, Job No. 171, ,,--, in aocordance with the designs, plans, profiles and speoifica- tions prepared by George E. Holyoke, City Engineer and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notioe would be reoeived up until 2:00 o'olook P.X. of the 27th day of February , 19~, and which said notioe did state and declare that, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had asoertained the prevailing rate of wages for eaoh type of labor needed to exe- cute said oontraot and did set forth the prevailing hourly wage soale so asoertained; and WHEREAS, on February 27 ,19~, at the hour of 2:00 o'olook P.M., the City Clerk and City Engineer of the -1- '"- -, ~. 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 utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to con- struot and complete, in a good and workmanlike manner, in striot accordanoe with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in publio, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next adjourned regular meeting; and WHEREAS, the City Counoil of the City of Anaheim did, at its next adjourned r5t3ular meeting, held on the 4th day ot Maroh , 19 ,at the hour of 7:00 o'olock P.M., 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-MILLER COJJ'fRAC!DlG COMPANY. P. O. Box 432, Orange. California tor the construotion, installation and completion ot said IMPROVEMEN! OF WEST STREET. JOB NO. 111 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon acoepted said bid and did award a contraot to said SULLY-MILLER CONTRACTING COMPANY for furnishing all plant, labor, servioes, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construot and complete, in a good and workmanlike manner, in strict accordanoe with the specifications, plans. and drawings, the said pUblio improvement as specified in said notioe inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a oontraot for and on behalf of the City of Anaheim with S'tJLLY- MILLER COIlTRACTIliG COMPANY P.O. Box 2 Or e California whioh said oontract was duly made and entered into on the th day of March , 19..2!L-; and WHEREAS. the said SULLY-MILLER CONTRACTDlG COMPAIY has furnished all plant, labor, servioes, materials and equipment and all utilities and transportation, and performed all work neoessary for the oon- struction and oompletion, in a good and workmanlike manner, in strict aooordanoe with the specifioations, plans, drawings, of said pUblic improvement as speoified in the notice inviting sealed pro- posals and in the detail, design, plan~ profiles, drawings and specifioations prepared by George E. ~olyoke. City Engineer . and the oontraot made and entered into with 1 t by the Ci ty of Anaheim; and WHEREAS, the City Engineer has dull certified to the construction and oompletion of said public improve- ment hereinabove mentioned and described, in accordanoe with the plans and speoifications and the contract documents duly made and entered into with said SULLY-MILLER COITRACTIllG COMPANY ; and , ,- WHEREAS, the City Counoil finds that said oontraotor has completed said pUblio improvement hereinabove more partioularly de- scribed in acoordance with the provisions of the oontract and the contraot doouments, and that notioe of oompletion should be tiled L and payment of the balanoe due said contractor authorized in acoord- anoe with the oontract doouments. -2- -' - - - lOW D THEREFORE>> BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant>> labor>> servioes, materials and equipment and all utilities and transportationD and the pertormanoe ot all work neoessary to construotD install and complete, in a good and workmanlike manner>> in striot aocordance with the specifioa- tions>> plans and drawings therefor on tile in the Otfioe of the Cit1 Clerk of the City of Anaheim>> together with the appurtenanoes thereto>> said pUblic improvement hereinabove more partioularly de- scribed and set forth>> in the City ot AnaheimD by said oontraotor, be, and the same are hereby acoepted, subject, nevertheless, to all the terms, conditions and provisions of the contract doouments. and that the balance due said oontraotor tor said work be paid to it thirty-five (35) days from and after final aooeptance ot said work as evidenced by the adoption of this resolution, but not sooner thaa thirty (30) days after the date of the filing of notice of co~ pletion. excepting only such sum or SWBS as may lawfully be withheld in aooordance with the provisions of said oontract and oontract documents. That acceptanoe by the contractor of said payments made in accordanoe with said final estimate shall operate and shall be a release to the City of Anaheim>> its officers, 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 officers. agents and em- ployees. excepting only olaims against the City for any amounts withheld by the City at the time of suoh payment. AND BE I'l.' 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 lawe this THE FOREGOING RESOLUTION is approvld and signed b1 me 20th day of May , 19~o /~ ( -F . MAYOR OF THE CITY OF AJiWlEIX W. CI CL OF THE CITY OF ANAHEIX STATE OF CALIFORNIA ) COUI'rY or ORAHGE ) as. CITY OF ANABEIK ) I>> DEllE M. WILLIAMS .. City Clerk of the CU1 of Anaheim, do hereby certify that the toregoiDg resolution was iDtro- duced and adopted at an .~otJ'P'II.d regular meeting pro'Yided by law of the City Cou.ncil of the ity ot Anaheim>> held on the 20th d&1 of May , 19~9 by the following vote: AYES: ROES: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons COUNCILlIEIl: None r ABSENT: aOUICILMEIl: None AND I FURTHER CERTIFY that the Kayor of the City ot Anaheim approved and S\\ned said resolution on the 20th day of Kay , 19 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of Kay , 19~. , .j~/ k ~ . ~Iia1'OF ;~;y ~~Ii -)- (SEAL)