58R-4580
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RE80LUTION NO. 4580
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MA-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE IMPROVF.MRNT OF LA PALMA AVENUE, FROM liHT'I''l'TRR
STREET TO PLACEH'fIA AVENUE. JOB NO. 170.
WHEREAS, the City Council of the City of Anaheim did
oause to be published in a newspaper of general ciroulation,
printed, published and ciroulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the 14th and 21st days of Feb:r>uary ,
19~, a notioe inviting sealed proposals for furnishing the
following:
All plant, labor, services, materials and equip-
ment, and all utilities and transportation,
including power, f'uel and water, and performing
all work necessary to construct and complete in
a good and workmanlike manner, in strict acoord-
ance with the speoif'ications, plans and drawings
the:r>ef'o:r> on f'ile in the off'ice of' the City Clerk
or City Engineer of' the City of Anaheim, the
following public improvement, to wit: The Improve-
ment of' La Palma Avenue, from Whittier Street to
Plaoentia Avenue, oonsisting of excavation, oross-
gutter oonstruotion, paving with four inches of
plant-mix paving, adjusting existing manholes to
grade, and appurtenant work, as indicated on the
plans, Job No. 170,
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in aocordance with the designs, plans, prOfiles and specifioa-
tions prepared by Geo~ie F.. Holyn~A. Ci~ RnginAA~
and the notice inviting sealed proposals, which said notice speci-
fied that sealed proposals as speCified in said notice would be
received up until 2:00 o'clock P.M. of the ~7r.h day of
Februarv , 19-5a-, and which said notioe 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 exe-
oute said contract and did set forth the prevailing hourly wage
Bcale so asoertained; and
WHEREAS, on Feb:r>uA~Y 27 ,19....5.lL, at the hour of
2:00 o'olock P.M., 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 the furnishing of all plant, labor, services, materials
and equipment, and all utilities and transportation, including
power, fuel and water, and pertorming all work necessary to con-
struct and complete, in a good and workmanlike manner, in strict
accordanoe with the specifications, plans and drawings theretor
on file in the Offioe of the City Clerk of the City of Anaheim,
the publio improvement hereinabove more particularly desoribed 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 adjolll'ned regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next ad iourned regular meeting, held on the 4th day
of March ~ 19....sa..., at the hour of 7: 00 o' olook P.M.,
oonsider the sealed proposals submitted for furnishing the materi-
als and performing the work hereinabove more partioularly desoribed
and set forth, and did thereupon find and determine that the sealed
proposal submitted by Sm,LY-MTT.T.ER COlf'l''RAC'f'TNG COMPA1fY, P. O. Box
412, Orani~, Califo:r>nia
for the construction, installation and completion of said
D1PROVEMRliT OF LA. PALMA AVEIrnE. JOB NO. 170
hereinabove mentioned and described, was the lowest responsible
,proposal submitted therefor~ and thereupon aocepted said bid and
did award a contraot to said SULLY-MILLER CONTRACTING COMPAlfY
for furnishing all plaht~ 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
speoifications~ plans, and drawings~ the said pUblio improvement as
speoified in said notice inviting sealed proposals, and did author-
ize the Mayor and the City Clerk of the City of Anaheim to execute
a contraot for and on behalf of the City of Anaheim with SULLY-
MILLER CONTRACTING COMPAIY. P. O. Box 432. Orange. California
whioh said contract was duly made and entered into on the 6th
day of March . 19~; and
,
WHEREAS, the said SULLY-MILLER CONTRACTING COHPAJlY
has furnished all
plant, labor, servioes, 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 aocordance with the specifications, plans, drawings, of said
public improvement as specified in the notice inviting sealed pro-
posals and in the detail, design, plans, profiles, drawings and
speoifioations prepared by Geor~e E. Holvoke. Citv En2ineer
, and the contract made and entered
into with 1 t by the City of Anaheim; and
WHEREAS, the City Enllineer has duly
oertified to the construotion and oomp1etion of said pUblic improve-
ment hereinabove mentioned and described, in accordanoe with the
plans and specifications and the contract documents duly made and
entered into with said SULLY-MILLER CONTRACTING COMP.AlfY
; and
WHEREAS, the City Council finds that said contraotor has
oompleted said pUblic improvement hereinabove more partioular1y de-
soribed in accordanoe with the prOVisions of the contraot and the
oontract doouments, and that notioe of completion should be filed
and payment of the balanoe due said contractor authorized in aocord-
ance with the contract documents.
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NOW>> THEREFORE," BE IT RESOLVED by the City Counoil 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 aocordance with the specifica-
tions. plans and drawings therefor on file in the Office of the City
Olerk of the City Of Anaheim. together with the appurtenanoes
thereto. said public improvement hereinabove more particularly de-
scribed and set forth. in the City of Anaheim. by said contraotor,
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 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 thaa
thirty (JO) days after the date of the filing of notioe of com-
pletion. exoepting only suoh sum or sums as may lawfully be withheld
in aocordanoe with the provisions of said contract and contraot
documents. That acceptance by the contraotor of said payments made
in accordanoe with said final estimate shall operate and shall he a
release to the City of Anaheim. its offioers, 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 negleot of the City. its officers, agents and em-
ployees, exoepting 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
exeoute and file a notice of completion of said work as required
by law.
THE FOREGOING RESOLUTION is approved and signed by me
this ---.J..l~ day of June D 19~o
ATTEST:
~~CL:?~~~ OF AimIx
STATE OF CALIFORNIA )
OOUITY OF ORANGE ) ss.
CITY OF ANAHEIM )
I>> nRrrn: M liTT.T.TAMR . City Clerk of the City ot
Anaheim. do hereby oertify that the foregoing resolution was intro-
duced and adopted at a regular meeting provided by law
of the City Counoil of the City of Anaheim. held on the 11~h day
Of .TnnA D 19.,5a....", by the following vote:
AYES: COUNCILMEN: Pearson, Borden, Schutte and Coons
(~~
MAYOR OF THE CITY OF AMAHEnr--
NOES:
COUNCILKEN: None
,,-..
ABSENT: OOUNCILMEH: Fry
AND I FURTHER CERTIFY that the Mayor
Anaheim approved and signed said resolution on
June D 19-5lL..
IN WITNESS WHEREOF,
the official seal of the City
June . 19~.
of the City of'
the --U:.ii1L- day of
( SEAL )
I have hereunto set my hand and affixed
of Anaheim this l:Lth day of
.
A/~'~
OImLERK OF THE CITY OF AN . IX
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