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1954-2431RESOLUTION OF THE CITY COUNCIL OF THE CITY CF A: AHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT SERVICE1, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL W0RK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC II4PROVEHENT: LAIIE AND ACAC ST T RESOLUTION NO, 2431 JOB NO. 502, WHEREAS, the City Council of the City of Anaheim did c to be published in a newspaper of general circulation _orinted, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 28th, day of Septier and the 5th day of October 1 95.3, a notice inviting. sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, including power, fuel and water, and perform all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the plans and specifications on file in the office of the City Engineer of the City of Anaheim, of the improvement of Liberty Lane and Acacia Streets from Romneya Drive to East La Palma Avenue, by the construction of plant -mix paving, concrete curb and gutter, concrete cross- gutters, the adjustment to grade of existing manholes, and appurtenant work, Job No. 502. in accordance with the designs, plans, profiles and sy)ecifications prepared by George E. Holyoke City Engineer and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 8:00 otclock P.M. of the 13th day of October 1953 and which said notice did state and declare that, pursuant to the provisions of Section 1770 of tLe Labor Code, the City Council of the City of Anaheim had ascertained the pre- vailing 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 WHEREAS, at a regular meeting of the City Council held on the 13th day of October___, 19 53 at the hour of 8:00 olclock P.M. of said date, said City Council did hold a public hearing for the purpose of oaening sealed proposals re- ceived up to that time, for furnishing of all plant, labor, servi- ces, materials and equipment and all utilities and transportation, including power, fuel and ater, and performing all work necessary -1- to eonstruot and complete, in a good and workmanlike manner, in strict accordance with the specifications, plane 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 City Engineer for examination, tabulation and report to the City Council, and said City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabu- lation to the City Council; and WHEREAS, the City Council did meet in regular session on the ,13th day of October 19 53 at the hour of 8:00 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 Engineer 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 STJILY- MILLER CONTRACTING COMPANY P. 0. BOX 432, ORANGE, FORNI4 for the construction, installation and completion of said Liberty Lane and Acacia St.Improvement. Job No.502 hereinabove mentioned and described was the lowest responsible pro)osal.. submitted therefor, and thereupon accepted said bid and did award a contract to said 7Mil r Contras ins oznpany 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 Sully- Miller Contracting Company which said contract was duly made and entered into on the 14th day of October 19 53 and WHEREAS, the said Sully Miller Contracting Co, has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and work- manlike 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, plane, pro- files, drawings and specifications prepared by George E. Holyoke City Engineer and the contract made and entered with him 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 specific- ations and the contract documents duly made and entered into with said Sully- Miller Contracting Company and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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 him 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 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 re- quired by law. THE FOREGOING RESOLUTION was signed and approved by me this 25th day of MAY 19 54 ATTEST: CARIES 1 GRIFFITH, CITY CLERK CITY CLERK OF F ANAHEIM MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA) COUNTY OF ORANGE ss CITY OF ANAHEIM I, GLARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the 25th day of May, 1954, by the following vote of the members thereof: AYES: COUTNCILMEN: Pearson, Fry, Schutte, Wisser and Van Wago NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that approved said. Resolution on the 25th the Mayor of the City of Anaheim signed and day of May, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of May, 1954. (SEAL) 4,11 f AC CITY CLERK OF THE CITY OF ANAHEIM