58R-4329
RESOLUTION NO. 4329
A RESOLUTION OF Trffi CITY COm~CIL OF THE CITY
OF AI~qEIM FINALLY ACCEPTING TIiE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK
NECESSARY ro CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVE-
MENT OF EAST STREET FROM VERMONT
AVENUE TO BALL ROAD: PROJECT NO~ 62.
WHEREAS, the City Council of the City of Anaheim did cause to be pub-
lished in a newspaper of general circulation, printed, published and circulated
in the City of Anahei:rr., to wit: The Anaheim Bulletin, on the 8th and lSth
days of October , 19~, a notice inviting sealed pro-
posals 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 plans and speci-
fications on file in the office of the City Clerk or
City Engineer of the City of Anaheim, the following
pUblic improvement, to wit: The Improvement of East
Street, from Vermont Avenue to Ball Road, consisting of
excavation, paVing with four inches of plant-mix sur-
facing, curb gutter and cross gutter construction,
adjusting existing manholes to grade, removal of existing
trees, clearing right-of-way, and appurtenant work as
indicated on the plans, Project No. 62,
in accordance with the designs, plans, profiles and specifications prepared by
GeorlZe E. HOly o~e. Oi tv EnlZineer and the notice inviting sealed
proposals, which said notice specified that sealed proposals as specified in
said notice would be received up until 7: 00 0' clock P. M. of the 22nd day
of' October , 19-iZ.., 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 pre-
vailing hourly wage scale so ascertained; and
WHEREAS, at a regular meeting of the City Council held on the 22ndday
of October , 19 57 , at the hour of 7: 00 a' 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 the furnishing of all plant, labor,
services, materials, and eq1.',ipment, and all utilities and transportation, in-
cluding power, fuel and water, and performing all work necessar,r to construct and
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complete, in a good and workmanlike manner, in strict accordance with the speci-
fications, 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
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WHEREAS, the City Council did thereupon refer said bids to the
C1 ty Eng:1neer for examination, tabulation and report to the City Coune~
and said Oi ty E~).neer did thereupon examine and tabulate said sealed pro-
posals ana report l1e result of his tabulation to the City Council; and
WHEREAS 9 the City Council did meet in____regular session
on the 22nd day of October, 192L9 at the hour of 7: 0001 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
Oi tv Engineer of the City of Anaheim did thereupon make his
report and submit his tabulation of said sealed proposals9 and the City Council
did thereupon find and determine that the sealed proposal submitted by
SULLY-MILLER CONTRACTING COMPANY, F. O. Box 432, Orange, California.
for the construction, installation and co~
pletion of said IMPROVEMENT OF EAST STREET, FROM VERl40NT AVENUE TO
BALL ROAD. PROJECT NO. 62.
hereinabove mentioned and des-
cribed was the lowest resnonsible nronosAl submitted therefor, and thereupon ac-
cepted 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 necessar~y to construct and complete, in
a good and work~nlike ITanner, in strict a~cordance with the specifications, plans,
and drawings, the sa;d public improvement as specified in said notice inviting
sealed proposals9 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-MILLF.R CONTRACTING CO~~ANY
which said contract was dul.v made and entered into on the 21rd day of
October , 19--5..L; and
WHEREAS, the said SULLY-IHLLE..q CON1'RACTING COMPANY
has furnished all plant, labor, services,
materials and equipment and all utilities and transportation, and performed all
work necessa~r for the construction and completion, in a good and workmanlike
manner, in strict accordance with the specifications, plans, drawings, of said
public improvement as specified in the notice inviting sealed proposals and in
the detail, design, plans, profiles, drawings and specifications prepared by
(}e~rg! E. HOlYOke. City Engineer_, and the contract made and enterea-
in 0 w th it by the City of Anaheim; and
WHEREASs the City Engineer
the construction and completion of said public
and described in accordance with the plans and
documents duly made and entered into with said
COMPANY ; and
has duly certified to
improvement hereinabove mentioned
specifications and the contract
SULLY-MILLER CONTRACTING
WHEREAS, the City Council finds that said contractor has completed said
public improvement hereinabove nDre particularly described in accordance with the
provisions of the contract and the contract documents, and that notice of co~
pletion should be filed and payment of the balance due said contractor authorized
in accordance with the contract documents.
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NOW, THEREFORE, BE I'l' Rli;SOLVED by tile 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 spe-
cifications, 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 herejnabove more particularly described and set forth, in the City
of Anaheim, by said contractor, be, and the same are hereby, accepted, subject,
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nevertheless, to all the terms, conditions and prov~s~ons of the contract docu-
ments, and that the balance due said contractor 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 filine of notice of compl",tion, excepting only such sum or sums
as ma.v lawfully be withheld in accordance 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 lia-
bilities 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 to execute and file a notice of
completion of said work as required by law.
day of
THE FOREGOING RESOLUTION is signed and approved by me this
January ,1958 .
21st
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' , onOF TII CITY ~~
ATTEST,
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CITY CLERK OF THE CITY OF ANAJIEIM
'"
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
SSe
I, DENE M. WILLIAMS , City Clerk of the City of
Anaheim, do hereby certify that the foregoing Resolution was passed and adopted
at aD ad iourned regular meeting of the City Council held on the 21At day
of JanUAT'Y , 1958 , by the following vote of the members thereofs
AYESs COUNCILMEN
NOES: COUNCILMEN
PEARSON, COONS, FRY, SCIIDTTE AND WISSER
NONE
ABSENT s COUNCILMEN s
NONE
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and
approved said Resolution on the 21st day of Januarv , 19..5.a.-_
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 21st day of JanUAry , 19-.5.8--
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!'i ~'.k,L /'/f {.~/~-.::./~__~___
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
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