58R-4843
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RESOLUTION NO.
A RESOLUTION OF THE CITY C~UNCIL OF THE CITY OF
AUBEIK rINALLY ACCEPTING 'fHE COKPLETION AID THE
FURlISHING OF ALL PLAJi!, 4BOR, SERVICES, JU.-
TERIALS AID EQUIPKENT AID ~ UTILITIES .AND TRANS-
PORTATION INCLUDING POWER, FUEL AND \fATER, AND
PERFORMING ALL \fORI NECES~Y TO CONSTRUCT AID
COMPLETE THE FOLLOWING PUBpC IKPROVEMENT, TO WIT:
'fBJ: IMPROTEMEn' OF ORAllGE An;mJ. ~ MAGlTOLIA ~
TO 1600 J'D'f WEST O:r MAGNOLIA llTEWBl JOB lTO. 1
4843
WHEREAS, the City Council of the City of Anaheim aid
cause to be published in a new.paper of general circulation,
printed, publi.hed and circulated in the City of Anahei., to wit:
The Anaheim Bulletin, on the 1lat da~ of Ju1v Ant'! th.. 7th t'!v n~ 'niP''"'"
19~, a notice inviting sealed pro 08alS for furnishing the
following:
All plant, labor, services, mat.rials end e~ipment,
and all utilities and transport.tion. including power.
fuel end water, and performing all work neoessary.to
construct and complete. in a good end workmenlike
manner, in strict accordance wi*h the specifications,
plans and drawings therefor on tile in the office of
the City Clerk or City Engineer of the City of Anaheim,
the following public improvement, to wit: The Improve-
ment of Orange Avenu.e, from Magnolia Avenue to 1600
feet West of Magnolia Avenue. consisting of excavation,
paving with four inches of plent-mix surfacing, adjust-
ing existing manholes to grade. street striping, and
appurtenant work as indioated on the plans, Job lTo. 199,
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in accordance with the designs, plans, prOfiles and speoifioa-
tiOl'ls pr.p..ed by Geora:e I. BolYoke. C~y ]Inri ".......
al'ld the notice inviting sealed propo als, whioh said notice spec1-
fied that sealed proposals as speCifled in said notioe would be
re.eived up until 2:00 o' clock P.K. of the 14th day of
~1U.....t , 19..2!L-, and which said notice did state aad
de.1are 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
scale so ascertained; and
WHEREAS, on August 14th , 19~, at the hour of
2:00 o'olock P.K., the City Cler~d City Engineer of the
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Oity of Anaheim did open said sealed proposals reoeived up to that
time for the furnishing of all plant, labor, servioes, materials
and e~uipment, and all utilities and transportation, inoluding
power, fuel and water. and performing all work neoessary to oon-
struot and oomplete, in a good and workmanlike manner, in striot
aooordanoe with the speoifioations, plans and drawings therefor
on file in the Offioe of the City Clerk of the City of Anaheim,
the publio improvement hereinabove more partioularly desoribed and
set forth. in publio, in the City Counoil 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 Counoil
at its next ad.iourned regular meeting; and
WHEREAS, the City Counoil of the City of Anaheim did, at
its next adjourned regular meeting, held on the 19th day
of August , 19~, at the hour of 7;00 o'olock P.K.,
oonsider the sealed proposals submitted for furnishing the materi-
als and performing the work hereinabove more partioularly described
and set forth, and did thereupon find and determine that the sealed
proposal submitted by SULLY..MILLER COlfTBACTIm COMPANY, P. O. :SOX 432,
Orange, California
for the oonstruction, installation and completion of said Improvement
of Or8Jl8e Avenue, from M!l€nolia Avenue to 1600 feet west of Ma.gnolia, Job No.199,
hereinabove mentioned and desoribed, was the lowest responsible
proposal submitted therefor, and thereupon aooepted said bid and
did award a contraot to said SULLY-MILLER OONTRAOTIl'n OOMPANY
for furnishing all plant, labor, servioes, materials and e~uipment
and all utilities and transportation. inoluding power, fuel and
water, and performing all work necessary to oonstruot and oomplete,
in a good and workmanlike manner, in striot aocordance with the
speoifications. plans. and drawings, the said pUblio improvement as
specified in said notioe inviting 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 CONTRAOTING OOMPANY
which said oontract was duly made and entered into on the 20th
day of August , 19~; and
WHEREAS, the said SULLY-MILLER OON'l'B.AOTING OOMPANY
has furnished all
plant, labor, 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 aooordance with the speoifioations, plans, drawings, of said
public improvement as speoified in the notioe inviting sealed pro-
posals and in the detail, design, plans, profiles, drawings and
Ipeoifications prepared by George E. HG1;lroke. City Engineer
, and the oontract made and entered
into wl th them by the 01 ty of Anahelm; and
,
WHEREAS, the Ci~)T En#'ineer has dU11
certified to the construction and completion of said pUblic 1mp~oYe-
ment hereinabove mentioned and desoribed. in aooordance with the
plans and specifications and the contract documents duly made and
entered into with sald SULLY-MIT.T.1ll:!I' OON'I'RACTING COMPANY
; and
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WHEREAS, the City Council finds that said contractor has
completed said pUblio improvement hereinabove more particularly de-
scribed in aocordance with the provlsions of the contract and the
contract documents, and that notice of oompletion should be filed
and payment of the balance due laid oontractor authorlzed in accord-
ance with the oontract doouments.
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lOW, THEREFORE, BE IT RESOLVED by the City Counoil of the
City of Anaheim that all plant>> labor, servioes, materials and
equipment and all utilities and transportationp and the performanoe
of all work neoessary to oonstruct, install and complete, in a good
and workmanlike mannerp 1n strict aocordance with the specifio&-
tionsp plans and drawings therefor on file in the Office of the City
Clerk 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 contractor,
be, and the same are hereby acoepted, subjeot, nevertheless, to all
the terms, oonditions and provisions of the contract documents, and
that the balance due said contractor for said work be paid tothem
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 (3D) days after the date of the filing of notioe of oom-
pletion, exoepting only such sum Or sums as may lawfully be withheld
in aocordance with the provisions of said contract and contraot
doouments. That aooeptanoe by the oontraotor of said payments made
in aocordance 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 contraotor for anything
done or furnished or withheld or for anything relating to the work
or any aot or negleot of the City, its offioers, agents and em-
ployees, 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 Kayor and the Oi ty
Clerk of the Oi ty 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 4th day of November , 19-5.a-o
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KAYOR OF THE CITY OF ~IX
~T ST:
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.I'fY C OF THE CITY OF AlAHEIM
STATE OF OALIFORNIA )
aOUITY OF ORAJIGE ) SSe
aI'fY OF ANAHEIM )
I, DEE M. WILLIAMS , City Clerk of the City of
Anaheim, do hereby oertify that the foregoing resolution was intro-
duoed and adopted at a adjourned regular meeting provided by law
of the City Council of the Oity of Anaheim, held on the 4th day
of November. 19......2L. by the following vote:
AYES:
NOES:
COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons
COUICILKEN: None
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ABSENT: COUNCILMEN: None
.AND I FURTHER CERTIFY that the Kayor o'r the City of
Anaheim approved and signed said resolution on the 4th day of
November , 19J!L..o
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 4th day of
NnVAmbA" ,19~0 ~
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01 ' CLERIC OF HE CITY OF . IX
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