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1953-2119RESOLUTION NO. 2119 A RESOLUTION OF THE CITY'CCUNCIL OF THE CITY CF ANAHEIM FINALLY ACCEPTING THE FURNISHING OF ALL PLANT LABOR, SERVICES, MATERIALS AID EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WCRK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: The paving of East Santa Ana Street from Easi i e 5et 'tv Or'arigt" S FLrgt in the City d Anaheim. 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 l2thday of December and the 18th day of December 1952, a notice inviting sealed proposals for furnishing the following: —1— All plant, labor, services, materials and equip- ment, 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 therefor on file in the office of the City Clerk of the City of Anaheim, of a public improvement, to —wit: The East Santa Ana Street improvement consisting of the paving of East Santa Ana Street from East Street to Orange Street in the City of Anaheim, Orange County, California, including the removal of rails and appurtenant work. in accordance with the designs, plans, profiles and specifications prepared by Geor :e E. Holyoke, the City En•ineer 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 o t clock P.M. of the 23rd day of December 1912_, and which said notice did state and declare that, pursuant jo 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 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 23rd day of December 19 5 at the hour of 8:00 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 performing all work necessary to con- struct 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 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 2 3rd day of December 195 at the hour of 8200 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 tabu- lation of said sealed proposals., and the City Council did thereupon find and determine that the sealed proposal submitted by SULLY MILLER CONTRACTING COMPANY, P. 0. Box 432, Orange, California for the construction, installation and completion of said paving of East Santa Ana Street from East Street to Orange Street i na e m _z_ hereinabove mentioned and described was the lowest responsible proposals submitted 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 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 SULLY4iILLER CONTRACTING COMPAN,Y,which said contract was duly made and entered into on thel6th day of January 103 and WHEREAS, the said.SULLY. MILLER CONTRACTING COMP Ys fur- nished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for tho construction and completion, in a good and workmanlike .::fanner 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, pro- files, drawings and specifications prepared by George E. Holyoke, the City Engineer and the contract made and entered into 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 specifica- tions 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 aaid public improvement hereinabove more particularly ;eicr3.bed 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 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 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 appurtenances thereto of said public improvement hereinabove more particularly described lnd 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 with- held in accordance with the provisions 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 anything 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 Go execute and file a notice of completion of said work as required. by law. ATTEST: THE FOREGOING. RESOLUTION was signed and approved by me this 10th day or March 19 33 C LERK OF TH TY OF MAYOR OF THE CITY' OF 18 19 22 23 24 25 26 27 28 29 30 31 32 CITY OF ANAHEIM 204 E. CENTER ST. ANAHEIM. CALIFORNIA STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1 2 3 foregoing resolution was passed and adopted at a 4 meeting of the City Council of the City of Anaheim, held on the lath day of March 19 5 6 by the following vote of the members thereof: 7 8 9 10 11 12 13 14 15 said resolution on the 10th day of March 19_.53 20 21 (SEAL) I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the Regui ar AYES: COUNCILMEN: Pearson, Wisser, Roved and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Heying• AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City 16 17 of Anaheim this 19thday of March ity Clerk of the NOTICE IS HEREBY GIVEN that the City of Anaheim of Orange County, California, has caused a public improvement, to wit: The East Banta Ana Street improvement oonaisting of the paving of East Santa Ana Street from Peat Street to Orange Street in the Qity of Anaheim. to be constructed upon the property hereinafter described. The contract for furnishing of all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to con— struct 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, for the construction, installation and completion of the above described public improvement and work was heretofore made and entered into with NOTICE OF COMPLETION OF PUBLIC IMPROVEMENT AND WORK 114 444,4 on the, day of 19 and filed for record in the office of the City Clerk of the City of Anaheim; that the work upon said public improvement was actually completed on the 434 day of N 19, and that the City Engineer has notified the City Council that he has made and completed a final inspection of the materials furnished and installed and the work performed in -1- the construction, installation and completion of said public im- provement hereinabove more particularly described and set forth and has certified in writing to the City Council that all of the pro- visions of the contract and contract documents for the furnishing of all plant, labor, services, materials and equipment, and the perfo ming of all work necessary for the construction, installation and completion of said public improvement above described have been fully complied with to his satisfaction as required by the contract documents; that final acceptance of the construction, installation and completion of said public improvernent above described was made on the 14th day of March 19 that the nature of the title to said property of said City of Anaheim is as follows, that is to say, it owns said public improvement in fee except the right -of -way upon which it is constructed, and that it owns an easement upon, over and along said right -of -way for the purpose of the construction, installation and completion of said public improvement hereinabove described and the use thereof after said completion; that the property hereinabove referred to ,nd on which said public improvement is situated is described as follows, to wit: "TEST: if Sant Sam Ana Street from t 8tr•et to Or ge Street ill the City o nahea. DATED: This day of Y OF ANAHEIM -2- March CITY OF ANAHEIM BY rIzTj -4 MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA se, COUNTY OF ORANGE On the day of 1953, before me, the undersigned, a notary public in and for said County and State, personally appeared Cihar1lo A. i aI SO known to me to be the Mayor of the City of Anaheim, and S'e'es E. Griffith known to me to be the City Clerk of the City of Anaheim, known to me to be the persons whose names are subscribed to the within instrument and who acknowledged to me that they executed the same WITNESS my hand and official seal. Notary Public in and for said County and State.