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58R-4702 - - RESOLUTION NO. 4702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AlAHEIM FINALLY ACOEPTING THE OOMPLETION AND THE FURlISHING OF ALL PLANT, LABOR, SERVIOES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, A.ND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIO IMPROVEKENT, TO WIT: THE IlIPlij)VlOClillll'Y' OF THE Iftli\'SEC!ION OF pnv STUE! A.ID vnvQft .A.VUUE. BY THE CO.STB-OCTrOI OF .A. OULVD.!, .JOB 1'0. 4215. WHEREAS, the City Oounoil of the City of Anaheim aid oause to be published in a newspaper of general oiroulation, printed, published and oiroulated in the City of Anaheim. to wit: The Anaheim Bulletin. on the "5Gth d-.y I)t: April nil 7th day .t: 1Ia7. 19.51.-, a notice inviting sealed prop'osals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, includ- ing power, fuel and water, and pertormiq all work: necessary to construct and complete, in a good and workm~mlike manner, in strict aocordanoe with the specifioations, plans and drawings theretor on file in the otfioe of the City Clerk or City Engineer ot the City ot Anaheia, the following public improve- ment, to wit: The Improvement of the interseotion at Palm Street and Vermont ATenue, on the south side, by the construotion of a reinforced conorete oulvert, oonstruction of curb and gutter, paving with four inohes of plant-mix surtacing and app~te- nant work, as indicated on the plans, Job No. 425, "- in aocordance with the designs, plans, prOfiles and specifica- tions prepared by her.. B. Holvoke. Cin lmf'illl.eer and the notioe inviting sealed proposals, whioh said notice .peci- fied that sealed proposals as speoified in said notioe would be reoeived up until 2:00 o' olook P.K. of the Utll day of Mav . 19~, and whioh said notice did state and deolare that. pursuant to the provisions of Seotion 1770 of the Labor Oode. the Oity Oounoil 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 scale so asoertained; and WHEREAS. on Kay 15 , 19~, at the hour of 2:00 o'cloek P.M., the City C1erk 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, servioes, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work neoessary to con- struct and complete, 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 publio improvement hereinabove more particularly described and set forth, in publio, in the City Counoil 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 regular meeting, held on the 20th day of Mq . 19....5.S-. at the hour of 7:00 o' olook P.K., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by SULLY-MILLER CONTRACTING COMPANY, P. O. EQx 432. OrAn6e. California. for the oonstruction, installation and oompletion of said ~rove.ent of the Intersection of PAlm St. and Vermont Ave., Job No. 42~, , hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon aooepted said bid and did award a oontraot to said SULLY-MILLER CONTRACTING COMPANY for furnishing all plaht. labor, serVices, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construot and oomplete, in a good and workmanlike manner, in striot aooordanoe with the specifioations, 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 contract for and on behalf of the City of Anaheim with SULLY- KIT,T,RR CONTRACTING COMPANY whioh said oontract was duly made and entered into on the 22nd day of May >> 19..2i.-; and WHEREAS, the said SULLY-KILLER CONTRACTING COMP~ has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the oon- struction and oompletion, 1n a good and workmanlike manner, in striot acoordanoe 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 speoifioations prepared by G.or~. E. Rolyokef City En~n..~, >> and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Ci ty Rwl:ineer has dull certified to the oonstruotion and oompletion of said pUblio improve- ment hereinabove mentioned and desoribed, in aooordance with the plans and speoifioations and the contract documents duly made and entered into with said SULLY-MIT.T.RR CONTRACTING COMPA.NY ; and WHEREAS, the City Oounoil finds that said oontraotor has oompleted said pUblio improvement hereinabove more partioularly de- soribed in aocordance with the prOVisions of the contraot and the oontraot doouments, and that notioe of oompletion should be filed and payment of the balance due said oontraotor authorized in aooord- anoe with the contract documents. -2- .--....-.--.------. -.-;;r- -, -, lOW 9 THEREFORE>> BE IT 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. ln strlct accordance with the specifica- tions. plans and drawings therefor on fl1e in the Office of the City Olerk of the City 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. subject. nevertheless. to all the terms. conditions and provisions of the contract documents, and that the balance due said oontractor for said work be paid to it thirty~five (35) 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 notioe of oam- pletion. excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and oontraot doouments. That aoceptance by the oontractor of said payments made in aocordanoe with said final estimate shall operate and shall be a release to the City of Anaheim. its officers. agents and employees from all olaims and liabilities due the oontraotor for anything done or furnished or withheld or for anything relating to the work or any aot or negleot of the City, its offioers>> agents and em- ployeess excepting only claims against the City for any amounts withheld by the City at the time of suoh payment. .A.RD BE IT FURTHER RESOLVED that the Kayar and the City Olerk of the City of Anaheim be, and they are hereby authorized to execute and file a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 12th day of A.~lIt. 19..5.8-0 ('~:J/Z-4~ MAYOR OF THE CITY OF AJWlEIX '//' C CLERK OF THE CITY OF AMABEIK STATE OF CALIFORNIA ) COU.TY OF OauGE ) ss. CITY OF ANAHEIM ) I. DID M. WILLIAlIS . City Clerk of the Oi ty of Anaheim. do hereby oertify that the foregoing resolution was intro- duoed and adopted at a regular meeting provided by law of the City Council of the Oity of Anaheims held on the 12th day of Auaust , 19~. by the following vote: AYES: NOES: COURCILKEN: Pearson, Borden, Fry, Schutte and Coons COUNCILMEN: None .-- ABSENT: OOURCII.JIE!I: None .AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 12th day of Awrut . 19.5.fL... IN WITNESS WHEREOF. I have hereunto set my hand and affixed the official seal of the C1 ty of Anaheim th1s 12th day of Aqu1; . 19~~ ; ,', '-- ~i%RK~T~~ -3- ( SEAL )