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56R-3433 --, ,--. RBSOLUTION NO. 3433 A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM F~NALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF NORTH OLIVE STREET E FROM LA PALMA AVENUE TO OOMMEROIAL ~EET. PROJ_CT 10. 54. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, publiShed and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 12th and 19th days of April , 19 56 , a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transporta- tion, including power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance ~ith the plans and specifications on file in the office of the City Clerk of the City of Anaheim, the improvement of North Olive Street, from La Palma Avenue to OommerCial Street, by exca- vation, paving with 4-inch plant-mix sur- facing, adjusting existing manholes to grade, and appurtenant work, as indicated on the plans, Project No. 54. in accordance with the 6esigns, plans, profiles and specifications prepared by Geor~e E. HOlloke. Oitv En~ln~er. and the notice inv ting sea ed proposals, w,ich said notice speci- fied that sealed proposals as specified in said notice would be received up until 7:00 o'clOCk P.M. ~f the 24th day of 4p~~1 , 1956 , and which said notice did state and de- clare t at, pursuan~the provisions of Section 1770 of the Labor COde, the City Council of the City of Anaheim had ascertain- ed 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 ascertained; and on the o'clock hearing to that terials eluding WHEREAS, at a regular meeting of the City Council heli 24th day of April , 19 56 , at the hour of 7:00 P .M. ~f said date, said City Counci 1 did hold a public for the purpose of opening sealed proposals received up time, for furnishing of all plant, labor, services, ma- and equipment~ and all utilities and transportation, in- power, fuel and water~ and performing all work necessary to construct and. complete, in a good and workmanlike manner, in st,rict accordance with th'3 specifications, 1)lans and dravrings 'cY"'t.;for on file in tlF ,)~fice of the City Clerl~ of the City of -- .'"~,,' H~im, of the public rp)l'ove!Jent hereinauove more particularly 2sscribed and set fortL: ~nd "HEREAS, the C::..ty Coul".cil did thereupon refer said bids to the _ City Engine_er ____'H__-.:=:_ __ _H____ , for exam::..nation, tabulatjo_; Ci,:1d repcJrt ':;0 tHe City Council, and said Eixa-m},~; t~n~nf~~ fe--salcf -seaiecf-pr-G-posals- and repo~~d t~~e~:~~f~ of his tabulation to the City Council; and \fHEREAS, the City Council did meet in regular session on the 21ttlLday 0(.~riJ.H____.19~, at the hour of 7:0~ o'clnck P,h. to consider t e sealed proposals submitted for furn shing materials and performing the work hereinabove more particularly described and set forth, and the Gitl ~,___ of the City 0 Anaheim did -ther:eupon- make 11'fs- -repo.rT andsubmit his tabulation of said sealed proposals, and tho City Council did thereupon find and d$termine that the sealed proposal submitted by SULLY-MILLER CONTBACUNG COMPANY ~ -for the construction, inst'iilla-tion and-completion of said -~_ Proje.Q.1.]lo_o_2L_J...Il!12.r..Q..vement of North _Ol~_v~VY~____ hereinabove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said SQ;T"J.j:'-M,1;IJ""llIR QQ!lTBACTUiG.:. ~JOC'{ for furnishing all plant, labor, services, m8lferials and equip- ment 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 specified 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 ~"hich said contract was dUly made an-d-entered into--on- the 8th day of ---11a.L.-~___, 19.5.2.......; and VVHEREAS, the said g3UL;L,X-MI;L.;k;r.;R CONTR,ACTINS} COMPANY has furnished all plant, labor, services, materials and equip- ment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner in strict aocordance with the specifications, plans and 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 - r,.t>(I1"~ F.. Hnl y~kf..JlLty EngiD~.I"...-____,' and the contract made and ntered in 0 1-d th them by the City of Anaheim; and ,,mEREAS, the _ Qj,;tjy EIl~ln~~_~_ __H__ ~as duly certified to the 0onstruction and oompletion of said public improvement hereinaoove mentioned and described in accordance "ith the plans and specifications and the contract documents duly made and entered into 1'lith said SULLY.:MILLER ._ ___ 90NTRACTING, COMPJ\.NY__.; and ,- dHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of thG balance due said contractor authorized in accordance with the contract documents. -2- NOli, THERE FOS.:L, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials ,-t.~.n equlpm8nt and all utjlities and trans:portation, and, the per- ,~ ~)rmancc of all work ncc0ssary to construct, install and completG '-.1 a good and vlOrkmanlike mannGr, in strict accordance ,.,i th the specifications, plans and drawings therefor on file in the office of the City Clerk of the City of Anaheim together with the ap- purtenances thereto of said public improvement hereinabove more particularly describoJ &nd set forth, in the City of Anaheim, by said contractor, be, anQ tho same is hereby, accepted, subject, nevertheless, to all the terms, conditions a net provisions of tho contract documonts, and that the balance due said contractor for said work be paid to fi~' thirty-five (J5) days from and after final acceptance of sa 1'fork as evidenced 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 such sum or sums as may lawfully bo withheld in accordance with the pro- visions of said contract and contract documents. That aoceptance by the contractor 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 claims and liabilities due the contractor for a.nything done or furnished or withheld or for anything relating to the work or any act or neg- lect of the City, its officers, agents and employeos, excepting only claims against the City for any amounts withheld by the City at the timo of such payment. AND BE IT FURTHER RESOLVED that tho Mayor Qnd the City Clorkof the City of Anaheim be, and they arc hereby, authorized to execute and file a notice of complotion of said work as re- quired by law. TH~ FOREGOING RESOLUTION was signed and approvod by mo this l4tlfday of A~ust , 19 ~6 ATTEST: ~ IvIAY' ", ,'.' '0 A AHEIM Pro Tern /' ~ '- ". <" 'f-' , / - ,..) . c<-.c.L~ ' ~i.RK ~ ~ CITY O~M ,,,...... -3- STATE OF CALIR>RNIA ) <X>UNTY OF ORANGE ) ss CITY OF ANAHEIM ) ........, I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certii that the foregoing Resolution was adopted upon a final reading at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of August, 1956, by the following vote of the members thereof: AYES: CDUNCILMEN: Coons, Fry, Schutte and Wisser. NOES: CDUNCILMEN: None. ABSENT: CDUNCILMEN: Pearson. AND I FURTHER CERTIFY that the Mayor Pro Tern of the City of Anaheim approved and signed said Resolution on the 14th day of August, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of August, 1956. L ') -r- ~ k' /~<N--L ~ /~~/~-/~~~ CITY CLERK OF THE CITY OF M AHEIM. (SEAL) -