59R-5477
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RESOLUTI ON NO 0 '51.77
A RESOLUTION OF THE CITY COUNCIL or THE CITY or
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT. LABOR, SERVIOES, X.A.-
TERIALS AND EQUIPMENT AND ALL U'rILITIES AND TRANs.-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IHPROVEMENT, TO WIT:
IHE ROMNEY A DRIVE STREET IMPROVEMENT, FROM 8~n
fEET_ EAST Of EUCLID AVENUE TO El[CL In AVENUE, .lOR
NQ.. <; }2..L
WHEREAS, the City Council of the City of Anaheim did
oause to be published in a newspaper of general oiroulation,
printed,; published and oiroulated ;tn the City of Anaheim, to wit:
The Anaheim Gazette , on the 7th and luth d~vs of Mav ,
19~,9 a notice inviting sealed proposals for :furnishing the
following:
All plant, labor, services, materials and equipment,
and all utilities and transportatiori, including
power, fuel and water, and performing all work neces-
sary to construct and complete in a good and workman-
like manner, in strict accordance with the specifi-
cations, plans and drawings therefor on file in the
office of the City Clerk or City Engineer of the City
of Anaheim, the following public improvement, to wit:
The Romneya Drive Street Improvement, from 850 feet
east of Euclid Avenue to Euclid Avenue, consisting
of excavation, construction of 4-inch plant-mix sur-
facing, including paint binder and weed killer,
adjusting existing manholes to grade, and appurtenant
work as indicated on the plans, Job No. 239,
in acoordanoe with the deslgns9 plans>> profiles and specifioa-
tions prepared by Thornton E. Piersall. City EnQineer
and the notice inviting sealed proposals, whioh said notice speoi-
fied that sealed proposals as specified in said notioe would be
reoeived up until 2 :00 o' oloak PoKe of the ~~_,~lst day of
Mav >> 19~, and whioh said notioe did state and
deolare that, pursuant to the provisions of Section 1170 o:f the
;~- Labor Code" the City Counoil of the Oity of Anaheim had asoertained
the prevailing rate of wages for eaoh type of labor needed to exe-
oute said contraot and did set forth the prevailing hourly vage
soale so ascertained; and .
WHEREAS. on Ma~ 21 D 19..5.L. at the hour ot
2:00 olclook P.M.p the City Clerk and City Engineer of the
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City of Anaheim did open said sealed proposals received up to that
time for tl~ furnishing of all plantp laborp services, materials
and equipment. and all uttlit:1es 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 speciflcations. plans and drawings therefor
on file in the Office of the City Clerk of the City of Anahelm$
the public improvement hereinabove more particularly described and
set forth, in publ1.cD 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
WHEREASp the City Councll of the City of Anaheim did, at
its next ~~~~ regular meeting, held on the 26th day
of May"",,,__~_,_, 19_~, at the hour of 7:00 o9clook P.M.,
consider the se~_ed proposals submitted for furnishing the materi-
als and performlng the work hereinabove more particularly described
and set forth, and did thereupon find and determine that the sealed
proposal submitted bySULLY~MILLEB CONTRACTING COMPANY. P. o. Box
~32. Orange. California _ .
for the construction. installation and completion of said ROMNEY A
DRIVE STREET IMP80VEMENT. JOB NO. 2~9
hereinabove mentioned and desoribed, was the lowest responsible
proposal submitted therefor. and thereupon accepted said bid and
did award a contract to said SYLLY-MILLER CONTRACTING COMPANY
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for furnishing all plant. labor>> servicesp materials and equipment
and all utilities and transportation" including power, fuel and
water" and performing all work necessary to construct and complete,
11.'1, a good and workmanlike manner., in strict accordance with the
specifications. plans, and drawingsr the said pUblic improvement as
speoified in said notice invl t:l.ng sealed propoSals>> and did author-
ize 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. ~~"Bo~ 432~anQe, California
which said contract was duly made and entered into on the 2qth
day of ~~~ .. ~" 19~59~".;; and
WHEREAS, the sald .JIll] L Y -;;-11-11 l.l..F:R CONTRACT TNG OiMPANY
,~".. . has furnished all
plant, labor 9 services>> materials and equipment and all utilities
and transportation. and performed all work necessary for the con-
struction and completion. in a good and workmanlike manner, in
strict accordance with the specificationsp plans, drawings, of said
public improvement as specified in the notice inviting sealed pro-
posals and in the detail. design. plane. profiles, drawings and
specifioations prepared by _ ThQrnton E. Piersall, City Ena ineer
~, and the contract made and entered
into with it . by the City of Anaheim; and
WHEREAS, the City Enain~r _has duly
certified to the construction and completion of said pUblic improve-
ment hereinabove mentioned and described, in accordanoe with the
plans and speoifications and the contract documents duly made and
entered into with said SULLY-MILLER CONTRACTI~G COMPANY
.~~~.~~ ; and
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WHEREAS, the City Council finds that said contractor has
completed said pUblic improvement hereinabove more particularly de-
scribed 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 sald contractor authorized in acoord-
ance with the contract documents.
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NOW, THEREFORE, BE IT RESOLVED by the Oity Council of the
City of Anaheim that all plant, labor, servioes, materials and
equipment and all utilities and transportation, and the performance
of all work neoessary to construct. install and complete, in a good
and workmanlike manner, in strict accordance with the specifioa-
tions. plans and drawings therefor on file in the Office of the City
Olerk of the City Of Anaheim, together with the appurtenances
thereto, said publio improvement hereinabove mOre particularly de-
soribed and set forth. in the City of Anaheim. by said contraotor.
be. and the same are hereby aocepted. subject. nevertheless, to all
the terms. oonditions and provisions of the contract documents. and
that the balance due said contractor for said work be paid to it
thirty--five (:,5) days from and after final acoeptance 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 oom-
pletion. exoepting only suoh sum or sums as may lawfully be withheld
in aocordance with the provisions of said contract and contract
documents. That acceptance by the contractor 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 em-
ployees. excepting only claims against the City for any amounts
withheld by the City at the time of suoh 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 8th day of Sp.ptp.mhp.r , 19~.
ATTEST:
k-Ju ~2/?:::;/',;,~_/
CITY CLERK OF THE CITY OF ANAHEIK
STATE OF CALIFORNIA )
COUliTY OF ORANG:&: ) sa.
OITY OF ANAHEIK )
I. DENE M. WILLIAMS , Oity Olerk of the City of
Anaheim. do hereby certify that the foregoing resolution was intro-
duced and adopted at a regular meeting provided by law
of the City Council of the City of Anaheim. held on.the 8th day
of September , 19~, by the following vote:
AYES:
NOES:
COUNCILMEN: Coons,?ry and Schutte
COUNOILMEN: None
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ABSENT: COUNCILMEN: Pearson
1 COUNCIL POSITION VACANT
AND I FURTHER OERTIFY that the Mayor of the Oity of
Anaheim approved and s~ned said resolution on the 8th day of
September . 19 9 .
IN WITNESS WHEREOF. I have hereunto set my
the official seal of the City of Anaheim this 8th
September . 19~o
( SEAL )
hand and affixed
day of
LH.~--
CITY CLERK OF THE ~~IM
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