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1953-2118RESOLUTION NO. 2118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE FURNISHING OF ALL PLANT LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION I1`TCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NICESSARY TO CONSTRUCT Ai D COMPLETE THE FOLLOWING PUBLIC IMPROVES ENT The paving of East North Street from Orange S r�'"ee to olive b' ree'r in the Gity of 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 12thday 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 equipment, 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 therefore on file in the office of the City Clerk of the City of Anaheim, of a public improvement, to- -tit: The East North Street improve— ment consisting of the paving of East North Street from Orange Street to Olive Street in the Gity of Anaheim, Orange County, California, including man— holes and appurtenant work. in accordance with the designs, plans, profiles and specifications prepared by he City Enginee George E. Holyok 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'clock P.M. of the 23rd day of December 19, and which said notice did state and declare 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 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 2 3rd day of December 1952 at the hour of 8!00 otclock 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 23rd day of December 19,22_, at the hour of 8:00 olclock P.P. 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.O. Box 2, Orange, California for the construction, installation and (!ompletion of said PAVING OF East North Street from Orange Street to Olive Street in a y o e m 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 ?.s 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 16th day of January 19 53 and WHET1EAS, the said SULLY MILLER CONTRACTING CO "has fur- nished all plant, labor, services, materials and equipment and all utilities and transportation, end 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, pro- files, drawings and specifications prepared by 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 U7fHEr-?EAS, the City Council finds that said contractor has completed aaid public improvement hereinabove more particularly Lecr3.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 and set forth, in the City of Anaheim, by said contractor, be, and the same is hereby accepted, subject, hevertheless, 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 of March 19 53. CLERK OF T AHEI MAYOR OF THE CITY OF .ANAHEIM Th. 22 23 CITY OF ANAHEIM 204 E. CENTER ST. ANAHEIM, CALIFORNIA STATE OF CALIFORNIA 1 COUNTY OF ORANGE ss. CITY OF ANAHEIM 2 I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the 3 foregoing resolution was passed and adopted at a Iteguaar 4 meeting of the City Council of the City of Anaheim, held on the _JQtrhday of Max4 19.53, 6 by the following vote of the members thereof: '7 8 AYES: COUNCILMEN: Pearson, Wisser, Boney and Van Wagoner. 9 10 NOES: COUNCILMEN: None. 11 12 ABSENT: COUNCILMEN: Keying. 13 14 AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed 15 said resolution on the 10th day of March 19_.53 16 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City 17 of Anaheim this 10th day of March 19 53 18 19 I r. 20 �i ty Clerk of th o f Anaheim. 21 (SEAL) 26 27 28 29 30 31 32 24 25 NOTICE OF COMPLFTION OF PUBLIC IMPROVEIvMENT AND WORK NOTICE IS HTREBY GIVEN that the City of Anaheim of Orange County, California, has caused a public improvement, to wit: January The Sae% North Street improvement coneiettni at the pavi at goat North Street tro* Orange Street to ally Street in the Olt y of &nahein. 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 &ULLX MILLER OONTRACTING COMP& on the h day of 19 33, and filed for record in the office of the City Clerk of the City of Anaheim; that the work upon said public mprovement was actually completed on the 9th day of March 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 performing 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 .improvement above described was made on the 10th day of iaroh 19 5' 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 and on which said public improvement is situated is described as follows, to wit: ATTEST: Nast North 8tree Street in the Gi r Orange tree to Oliva of Anabolic DATED: This day of -2- Marok CITY OF ANAHEIM:- BY MAYOR Or THE CITY OF ANAHEIM STATE OF CALIFORNIA se. COUNTY OF ORANGE On the day of r 1953 before me, the undersigned, a notary public in and for said County and State, personally appeared A. son known to me to be the Mayor of the City of Anaheim, and harlos 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 what they executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State.