69R-752
RESOLUTION NO.
69R-752
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 THE PERFORMANCE OF ALL
WORK NECES$ARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE
IMPROVEMENT OF DALE AVENUE, FROM APPROXIMATELY
132 FEET SOUTH OF WESTHAVEN DRIVE TO APPROXIMATELY
279 FEET SOUTH THEREOF, AND FROM APPROXIMATELY 370
FEET NORTH OF BALL ROAD TO APPROXIMATELY 188 FEET
NORTH THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 563-A.
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 May 1st and May 8th, 1969
, ~~ ' a notice inviting sealed
proposals for furnishing the following:
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 therefor on file in
the Office of the City Engineer or City Clerk of the City of
Anaheim, the following public improvement, to wit: The
improvement of Dale Avenue, from approximately 132 feet south
of Westhaven Drive to approximately 279 feet south thereof,
and from approximately 370 feet north of Ball Road to approx-
imately 188 feet north thereof, in the City of Anaheim, con-
sisting of clearing and grubbing, excavation, construction
of A.C. pavement over aggregate base, construction of P.C.C.
curb and gutter, sidewalk, drive approaches, retaining wall
and steps, relocation of chain link fence, installation of
V.C.P. sewer line, pumping and backfilling septic tank and
cesspools, and appurtenant work as more particularly set forth
in the plans and specifications on file in the Office of the
City Clerk or City Engineer, Work Order No. 563-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Department of Public WO~ks
and the notice inviting sealed proposals, wh1c said notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 15th day of
May , 19 69 ,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 ascer-
tained the prevailing rate of wages for each type of labor needed
to execute said contract, and did state that the prevailing hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on __ Ma~ l5~ , 19_~~, at the hour of
2:00 o'clock P.M., the City Clerk and the C1ty Engineer of
the City of Anaheim did open said sealed proposals received up
to that time for 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, 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, the public improvement hereinabove more particularly
described and set forth, in public, in the City Council Chamber
in the City Hall, Anaheim, California, and the City Engineer did
tabulate the result of said sealed proposals and did make a
report to the City Council at its next ----- regular
meeting; and -------------
WHEREAS, the City Council of the City of Anaheim did,
at its next ------ regular meeting, held on the 20th
day of Ma.Y.-------;19_~_, at the hour of 1:30 o'clock
P.M., consider the sealed proposals submitted for furnishing the
materials and performing the work hereinabove more particularly
described and set forth, and did thereupon find and determine that
the sealed proposal submitted by SULLY-MILLER CONTRACTING
COMPANYl P.O. BOX 432, ORANGE CALIFORNIA 92667
!or the constructron,-rnstarrltron and completran~r-safd im~rove-
ment of Dale Avenue~l!Y. of Anaheim, Work Order Bo. 563-A.
hereinabove mentioned
and-described;-wasthelowest-responsf:5Te proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said SULLY-MILLER CONTRACTING COMPANY
----------- for furnishing all plant, labor,
services, materfals ana-eqUTpment and all utilities and transpor-
tation, 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 ~~t1-MILLEg CQijT~T1pG
~~ANY________________________________________ which sa1d
contract was duly made and entered into on the 22nd day of
Hi,l.y , 19 ...6..9__; and -------
WHEREAS, the said SULLY-MILLER CONTRACTING
COMPANY has furnished all plant, labor,
iervICes; materfars-ana-eqUfpment and all utilities and trans-
portation, 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 detailed designs, plans, drawings, and
specifications prepared by the D~artment of Public Works
, and the-Contract maae and enterea-Into ---
wit~=-it_=-by-thelCity of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the-Constructron-and completion-or-sa1a-----
public improvement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said __~~~L1=M~LElLCO~~~IN~
CQMP l\NY ; and
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WHEREAS, 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 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 com-
plete, 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, said public improvement herein-
above more particularly described and set forth, in the City of
Anaheim, by said contractor, be, and the same are hereby accepted,
subject, nevertheless, to all the terms, conditions and provisions
of the contract documents, and that the balance due said con-
tractor for said work be paid to it thirty-five (35) days
from and after final acceptance of-saicr-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 provisions of said contract and contract documents.
That acceptance by the contractor of said payments made in accord-
ance 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 liaQilities 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 em-
ployees, excepting only claims against the City for amounts with-
held 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
required by law.
THE FOREGOING RESOLUTION is approved and signed by me
this _-.lOth day of __-12g~!!!be!:___, 1 69.
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THE Cfitf-oF ANAHEIM
ATTEST:
o~.~
~LERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CII'Y OF ANAHEIM
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I, DENE M. WI~lAMS, City Clerk of the City of Anaheim, do
hereby certify that the ~oregoing Resolution No. 69R-752 was intro-
duced and adopted at a r~gular meeting provided by law, of the City
Council of the City of ~heim, held on the 30th day of December, 1969,
by the following vote of the members thereof:
AYES: COUNCIUfEN: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCIUfEN: None
ABSENT: COUNCIUfEN: None
AND I FURTHER ~ERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 69R-752 on the 30th day of Dec-
ember, 1969.
IN WITNESS ~EOF, I have hereunto set my hand and affixed
the official seal of the: City of Anaheim this 30th day of December, 1969.
~~ X ~..~
CI CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WItLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
69R-752 duly passed and adopted by the Anaheim City Council on Dec-
ember 30, 1969.
~ )r ~:'-h~~
- ' City Clerk
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