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57R-3803 ..- RESOLUTION NO. 3803 A RESOLUTION OF THE CITY COUNOIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE l"URNISHING OF ALL PLANT I 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 HASTER-KATELLA STREET IMPROVEMENT, ON RASTER $1'. FROM KATELLA AfE. TO THE FREEWAY, ~D ON KATELLA Ar:. FROM RAStER ST. WESTERLY 660 Et, JOB ~O. 12 . WHEREAS, the City Oouncil of the City of Anaheim did cause to be published in a newspaper of general oi~culation, printed, pUblished and oiroulated in the Oity of Anaheim, to wit: The Anaheim Bulletin, on the ~h ~ and JOth day of November ., 19 S6 ,a notioe inviting sealed p~oposals for furnishing the following: All plant, labor, servioes, materials and equipment, and all utilities and transportation, including power, fuel and water, and gerforming all work necessary to constrot 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 following public improvement, to wit: The Raster- Katella Street Improvement, on the west side of Raster Street from Katella Avenue to the freeway, and on the north side of Katella Avenue from Raster Street westerly 660 feet, consist- ing of the following: On Haster Street, paving with J-inch plant-mix and 6 inches of untreated rock base, adjusting existing manhole to grade, installation of curbs, construct- ion of Cross gutters, and appurtenant work as indicated on the plans; and on Katella Avenue, excavation, paving with 4-inch AC paving, installation of curbs, and appurtenant work as indicated on the plans, Job No. 129, in aocordanoe with the designs, plans, profiles and speoifioations pre- pared blGeorsze E. I:lolvoke. Citv Enszineer and the notice inviting sealed p~posals, whiohsaid notice speoified that sealed proposals as specified in said notioe would be received up until 7:00 o'olock P.M. of the 11th day of December , 19 56 , and whioh said notice did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Oode, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for eaoh type of labor needed to exeoute said oontract and did set forth the prevailing hourly wage scale so asoer- ...- tained; and WHEREAS, at a regular meeting of the City Council held on the Ilt4 day of December , 1956 ,at the hour of 7:00 o'clook 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, services, materials,and equipment, and all utilities and transportation, including power, fuel and water, and per- -1- - forming all work necessary to oonstruot and complete, in a good and workmanlike manner, in strict aooordanoe with the speoifioations, plans and drawings therefor on file in the office of the Oity Olerk ~ of the City of Anaheim, of the publio improvement hereinabove more partioularly desoribed and set forth; and WHEREAS, the City Council did thereupon refer said bids to the City En~ineer for examination tabulation and report to the Oity Counoil, and said City Eniineer 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 sessiQn on the 11th day of December , 19 S6 , at the hour of 7:00 o'olook P.M. to oonsider the s$a1ed proposals submitted for furnishing materials and performing the work hereinabove more partiou1arly desoribed and set forth, and the City En~ineer of the Oity of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Counoi1 did thereupon find and determine that the sealed proposal submitted by SULLY-MILLER CONTRACTING COMPANY. P.O.Box 412. Oran~e. Calif. for the oons4ruotion, installation and oompletion of said HASTER-KATELLA STREET IMPROVEMENT. JOB NO, 129 hereiDahove mentioned and desoribed was the lowest responsible pro- posal submitted therefor, and thereupon aooepted said bid and did award a oontraot 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 neoessary to oonstruot and oomplete, in a good and workmanlike manner, in striot aooordanoe with the speoifioations, plans, and drawings, the said publio improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the Oity Olerk of the City of Anaheim to exeoute a contraot for and on behalf of the City of Anaheim with SULLY-MILLER CONTRACTING COMPANY , which said contract was duly 13th day of Deoember made and entered into on the 19--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 oonstruotion and completion, in a good and workmanlike manner, in strict accordance with the specifioations, plans, drawings, of said public improvement as speoified in the notioe inviting sealed proposals and in the detail" design, plans, profiles, drawings and speoifioations prepared by Geor~e E. Holvoke. City E~ineer , and the oontraot made and entered into with it by the City of Anaheim; and WHEREAS, the City En~ineer has duly oertified to the oonstruotion and oompletion of said pUb1io 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 Counoil finds that said oontraotor has oom- pleted said pUblio improvement hereinabove more partioular1y desoribed in aooordanoe with the provisions of the oontraot and the oontraot documents, and that notioe of completion should be filed and payment of the balance due said oontractor authorized in aooordanoe with the contraot documents. NOW, THEREFORE, BE IT RESOLVED by the Oity Counoil of the Oity of Anaheim that all plant, labor, servioes, materials and equipment -2- ",,-. --~ ,,-.. - ,-""'" ..- 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 aocordance with the speoifioations, plans and drawings therefor on file in the office 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- tractor, be, and the same is hereby, acoepted, subJeot; neverthe- less, to all the terms, conditions and provisions of the contract doouments, and that the balance due said contractor for said work be paid to it 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 notice of completion, exoepting only suoh sum or sums as may lawfully be withheld in acoordance with the pro- visions of said contract and contraot doouments. That aooeptance by the oontraotor of said payments made in accordance 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 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 Bm IT FURTHER RESOLVED that the Mayor and the Oity Clerk of the Oity of Anaheim be, and they are hereby, authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION was signed and approved by me this 9th day of .pr11 , 19 57 . /.-.<? - ) /.'/'4/'/> /~_/ L/'~; ~ KAYOR OF THE OITY OF ANAHEIM ATTmST: /,/, "'\ "-) ~- ~ ~~Lm~>~F f~' alff~QrANAHEIM -)- - 8TATI OF CALIlORNIA ) ~dl: OF OIUft )ss. carr OF ANAHEIM ) ~- I, DINE M. WII.I.TQti, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was duly Ytasaed and adopted at a regular meeting of the City Council of the City of Anaheim, held on the 9th day of April, 1957, by the following vote of the members thereof: AYlB: COUNCILKEN: Pearson, Coons, Fry, Schutte and Wisser Nom: COUNCIUlEN: None AlBENT: COUNCluaN: None AND I FURTHER CERTIFY that the Mayor Oif the City of Anaheim approved and signed said Resolution on the 9th day of April, 1957. IN WITNISS WI:IlREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of April, 1957. I,.' ~/ ~'q*' t> /;r'~ /;>4~~'A~'~~~' " cm CLEK OFTBE cm OF ANAHEIM (SIAL ) ~ -