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1955-2753RESOLUTION NO. 2753 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY 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 WALNUT STREET FROM MANCHESTER AVENUE TO BALL ROAD, PROJECT NO. )1)1. 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 20th day t� ;Tan,»ry 19 a notice inviting sea ed proposals for furnishing the fog All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perform all work neces- sary to construct 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 Anaheim, the improvement of Walnut Street from Manchester Avenue to Ball Road by removal of existing material, paving with 4 -inch plant -mix, adjusting existing manholes to grade, construction of concrete cross gutters, and ap- purtenant work, Project No. )1)1. in accordance with the designs, plans, profiles and specifications 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 notice would be received up until 8 :00 o'clock P.M. of the 8th day of February 19 337 and which said notice did state and aeclare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to execute snid contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, at a regular meeting of the City Council held on the 8th day of February 19 55 at the hour of 8 :00 o'clock P.M. of said date, said City Council did hold a publ.'_c nearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and egni pment, and all utilities and transportation, in- cludir, 1 oweT, fuel an<3 wrier, and p e,>lortui ng all work necessary -1- 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 described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the ClIy Engineer for examina tabulation and report to the City Council, and. said Cit,Engin�_ did thereupon examine and tabulate 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 8th day of y 19 at the hour of .�.4Q o t clock P. I. to consider the sealed submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the of the City of Anaheim did Hereupon 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 ___ry_LIILjB CONTI�.'-�CTING COMP ._Q,, Q�_j 2 ,_4r�lge _�A1 rn2 for the construction, installation and completion of said .11,41,,1 RE.�T IMPROVEMENT prglect No mentioned and described was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said Sullx Miller Contracting Company for furnishing all plant, labor, services, materials 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 .._..i13 3iller Contracti_„_ng_Company which said contract was duly made and entered into on t e th day of February 195__; and WHEREAS, the said lly- Miller Contracting 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 accordance 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 jQ o��, City En ippgr and the contract rrrade and entered into with it by tie City of Anaheim; and WHEREAS, the City has duly certified to tie construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said. y ,,.,font actin Company_ and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particul- arly described 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. -2-- NOW, 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 per formance of all work necessary to construct, install 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 together with the ap purtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same is hereby, accepted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contractor for said work be paid to <l.,t: 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 notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with the pro- visions of said contract and contract documents. That acceptance by the contractors 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 anything done or furnished or withheld or for anythin relating to the work or any act or neglect 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 RE, SOLITED 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 re- quired by law. THE FOREGOING RESOLUTION was signed and approved by me this 10th day of May 1955 ATTEST: C e 1 .yam_ 0ITY —CLERK OF TIT', CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM STATE OF CATIFOR.NIA CCURTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim held on the 10th day of May, 1955, by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser, and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim aprroved and signed said resolution on the 10th day of May, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of May, 1955. e /)1 t_ c c u CITY CLERK OF THE CITY OF ANAHEIM.