72R-018
RESOLUTION NO. 72R- 18
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AllD 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 NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE WEST STREET - STREET IMPROVEMENT PROM
APPROXIMATELY 128 FEET SOUTH ,OP TO APPROXl:-
HATELY 425 FEET SOUTH OF ROMNEYA DRIVE, IN
THE CITY OP ANAHEIM, WORK ORDER NO. 633-A.
WHEREAS, the City Council of' the City of Anaheim did
cause to be published in a newspaper of qeneral circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim BUlletin, on Segt~er 23 and
September 30 , 19 71 , a not1ce 1nv1t1ng 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 West Street - street improvement from approximately 128
feet south of to approximately 425 fee~ sou~h of Ramneya
Drive, in the City of Anaheim, consisting of clearing and
grubbinq: excavation: construc~ion of P.C.C. re~ainin9 wall
and steps, curb and gutter, sidewalk, driveway approach and
driveway; construc~ion of asphalt concrete over native soil;
construction of concrete block wall; modification of sprink-
ler system: and appurtenant work as more particularly set
forth in the plans and specifications on file in the Office
of ehe City Clerk or City En9ineer, Work Order No. 633-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Department of Public Works
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 7th day of
October , 19 71 , and which said notice did state and
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WHEREAS, on October 7 , 19 71 , at the hour of
,2:00 o'clock P.M., the City Clerk and the City 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 i.ts next -------- regular
meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next -------- regular meeting, held on the 10th
day of oc~ober , 19 71 , at the hour of 1:30 oVclock
P.M., cons1der 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 Contractinq Co.,
2 e C li 92667
~6r t e construct1on, 1nsta at10n and comp et10n 0 sa1d
West Street - street improvement. Work Order No. 633-A
hereinabove mentioned
and described, was the lowest responsible 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, materials and equipment and all utilities and transpor-
tation, i.ncluding 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 Contractiag
Company which said
contract was duly made and entered into on the 14th day of
Q~~nhAr , 19~; and
~ul~-Mi.f~r contractina Comoaav
as urn1S ed al plant, labor,
selMnLces, materials and equipment 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 Department of Public Works
, and the contract made and entered into
with it by the City of Anaheim; and
WHEREAS, the said
WHEREAS, the Director of Public Works
has duly certified to the construction and complet1on of said
- ,.........~ .
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 herei~-
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 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 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 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 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 ~hat the Mayor an~.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.
this
THE FOREGOING RESOLUTION is approved and signed by me
11th day of Januarv , 19.1L.
~~~ -'(~ i)~d, ~ ...
I. ieOF 'l'HE C*Y . ANAHEIM
ATTEST:
ANAHEIM
'-.....
STATE OP CALIPORNIA )
COOH'l'Y OP ORANGE ) ss .
CITY OP ANAHEIM )
.,...IIi:...
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foreqoinq Resolu~ion No. 72R-18 was
passed and adopted at a regular meeting of the City Council held
on the 11th day of January , 19 72, by the following
vote of the members thereof: ---
AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approyed and signed said resolution on the 11th day of
January , 19.11:.-.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 11th day of
January , 19 72 .
1L- ht.LJ~
CITY CLERK OF T CITY 01' ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
72R-18 duly passed and adopted by the Anaheim City Council on
January 11, 1972.
f)~ fr- ~
City Clerk
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