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56R-3610 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL Oli" 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 I~R~V~T OF SOUTH OLIVE STREET. FROH SANTA AN S EET TO VERHONT AVF.mJF.. PROJECT NO. S1. 3610 WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general ci~culation, printed, pUblished and circulated in the Oity of Anaheim, to wit: The Anaheim Bulletin, on the 12 and 19th davs of April. , 1956 , a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transpor- tation, including power, fuel and water, and performing all work necessary to con- struct and complete, in a good and workman- like manner, in strict accordance with the plans and specifications on file in the office of the City Clerk of the City of Ana- heim, the improvement of South Olive Street, from Santa Ana Street to Vermont Avenue, by excavation, paving with 4-inch plant-mix, adjusting existing manholes to grade, install- ing 2" x 6" redwood headers, and appurtenant work, as indicated on the plans, Project No. 53. in accordance with the designs, plans, profiles and specifications pre- pared by Geor~e E. HO]tOke. City En~ineer, and the notice inviting sealed proposals, whic said notice specified that sealed proposals as specified in said notice would be reoeived up until 7:00 o'clock P.M. of the ?Jlth day of April , 19 5'6 ,and which said notice did state and deolare that, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing ra,te 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 21lth day of April ,195'6 , 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, services, materials,and equipment, and all utilities and transportation, including power, fuel and water, and per- -1- .---,..._"_........_._...."~-~----'-."".. .. forming all work necessary to construct 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, of the public improvement hereinabove more particularly desoribed and set forth; and WHEREAS, the City Council did thereupon refer said bids to the Oi ty En\;ineer for examination tabulation and report to the City Council, and saidCitv Engineer did there upon examine and tabulat e said sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 2u.th day of April , 19 1)6 ,at the hour of 7:00 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 City EngiD~~r 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-MILLER CONTRACTING COHPANY. for the construction, installation and completion of said improvement of .South Olive Street. from Santa Ana Street to Vermont Avenue. Prole #53, hereinahove mentioned and described was the lowest responsible pro- posal s ubmi tted 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 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 speoified in said notice 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. Orange. California > which said contract was duly made and entered into on the 8th day of May 19~; and WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY has furnished all plant, labor, services, materials and equipment and all utilities and transporta.tion, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict aocordance 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 G~or~e E. Holyoke. City Engineer, , and the contract made and entered into with them by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract doouments duly made and entered into with said SULLY-MILLER CONTRACTING COMPANY ; and WHEREAS, the Oity Oouncil finds that said contractor has oom- pleted said public improvement hereinabove more particularly desoribed in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment ~2-, ",,-, ,....-. and all utilities and transportation, and the performance of all work neoessary to oonstruot, install and oomplete, in a good and workmanlike manner, in striot aooordanoe 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 pUblio improvement hereinabove more partioularly desoribed and set forth, in the City of Anaheim, by said oon- traotor, be, and the same is hereby, aooepted, subjeot, neverthe- less, to all the terms, oonditions and provisions of the oontraot doouments, and that the balanoe 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 notice of oompletion, exoepting only suoh sum or sums as may lawfully be withheld in aooordance with the pro- visions of said oontract and contraot doouments. That aooeptance by the oontraotor of said payments made in aocordance with said final estimate shall operate and shall be a release to the Oity of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any aot or neg- lect of the City, 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 City Clerk of the City 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 11th day of December 1956 . / , ,/ ) MAYOitL 6r'T~.~'70fJ:NAaiI; ATTEST: ~ -, 'j~. . ..I?t' ,(, (./ , '...--' IT CLERIC OF THE~NAHEIM -:3- "'-'O~_'._f STATE OF CALIFORNIA ORANGE COUNTY CITY OF ANAHEIM ) )ss. ) -. I, DENE M. WILLIAMB, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was duly passed and adopted at aI ,.",,,,, regular meeting of the City Council of the City of Anaheim, held on the 11th day of December, 1956, by the following vote of the members thereof: AYES: COUNC ILMEN: Pearson, Fry, Schutte and Wisser Nom: COUNCILMEN: None ABSENT: COUNCILMEN: Coons AND I FURrHER CERrIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 11th day of December, 1956. IN WITNl5S WHEREOF, I have hereunto set' my hand and affixed the seal of the City of Anaheim this 11th day of December, 1956. Jl h ~ " , vL!f ,u:::~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) -