57R-3943
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RESOLUTION NO. 3943
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY AOCEPTING THE 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 TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIO IMPROVEMENT: IMPROVEMENT
OF TiE FI~ST AT.T.J1:Y NORTH OF B:aoADWAY, FROM
pALl.{ STREET TO CITRON STREET, JOB NO. 14,.
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 specifications on file in
the office of the City Clerk or the City Engineer of the
City of Anaheim, the following public improvement, to wit:
The improvement of the first alley North of Broadway, from
Palm Street to Citron street, by the construction of Port-
land Cement Concrete Paving six inches thick, excavation,
including fine grading, adjusting two manholes to grade;
and the construction of a storm drain from Chestnut Street
to the alley, including excavation, equipment, castings,
structures, twelve-inch concrete pipe, and appurtenant
work as indicated on the plans, Job No. 14),
in accordance with the designs, plans, profiles and specifications pre-
pareQ by George E. Ho~yoke, C1ty E~1neer and the notice 1nviting
sealed proposals, which said notice specified that sealed proposals as
specified in said notice would be received up until 7:00 o'clock P. M.
of the 9th day of April , 19-21-, 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 prevailing hourly wage scale so ascer-
r-' tained; and
WHEREAS, at a regular meeting of the City Council held on the
9th day of April , 19 57~_, at the hour of 7:00 o'clock
P.M. of said date, said City Coun~id 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 equipment, and
all utilities and transportation, including power, fuel and water, and per-
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forming 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 Clerk
of the City of Anaheim, of the public improvement hereinabove more
~-- particularly described and set forth; and
WHEREAS, the City Council did thereupon refer said bids to
the City Engineer for examination,
tabulation and report to the City Council, and said City En~ineer
did thereupon examine and tabulate sai sealed
proposals and report the result of his tabulation to the City Council;
and
WHEREAS, the City Council did meet in regular
session on the 9th day of April , 19 5'1 ,at the hour
of 7:00 oUClock P.M. to consider the sealed proposals submitted
for furnishing materials and performing the work hereinabove more
particularly described and set forth, and the City Engineer
of the City of Anaheim did tnereupon make his
report and submi~ his tabulation of said sealed proposals, and the
City Oouncil did thereupon find and determine that the sealed proposal
submitted by SULLY-MILLER CONTRACTING COMPANY, P. O. Box 432, Or~e,
California
for the construction, installation and completion of said IMPROVEMENT
OF TEE FIRST ALLEY NORTH OF BROADWAY, FROM PALM STREET TO CITRON STREET,
JOB NO. 143,
hereinabove mentioned and described was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to aaid 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 necessary to construct and complete,
in a good and workmanlike manner, in strict accordance with the speci-
fications, 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 CONTRACTING COMPANY
, which said contract was duly made
and entered into on the 11th day of April , 19~; and
WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY
has furnished all plant, labor, services, materials
a:mrec[JJpment and all utilities and transportation, and performed all
work necessary for the construction and completion, in a good and work-
manlike Hl8.nner, 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 Cleorg;e E. Ho~yok.e, 01ty Eng;ineer
, and the contract made and entered into with it
by the Oity of Anaheim; and
WHEREAS, the City Engineer
fied to the construction and completion of said public
inabove mentioned and described in accordance with the
tions and the contract documents duly made and entered
SULLY-MILLER CONTRACTING COMPANY
has duly certi-
improvement here-
plans and specifica-
into with said
; and
--
WHEREAS, the City Council finds that said contractor has com-
pleted said public improvement hereinabove more particularly 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
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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 specifications,
plans and drawings therefor on file in the office of the Oity
Clerk of the City of Anaheim, together with the appurtenances
thereto of said public improvement hereinabov~ more particularly
described and set forth, in the City of Anaheim, by said con-
tractor, be, and the same are hereby, accepted, subject, neverthe-
less, to all the terms, conditions and provisions of the contraot
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 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 accordance with said final
estimate shall operate and shall be a release to the Oity 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 neg-
lect of the City, its Officers, agents and employees, excepting
only claims against the City for a.ny 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.
this
THE FOREGOING RESOLUTION is signed and approved by me
11th day of June , 19 57 .
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t'U\ U OF ANAHEIM
RO rEM
ATTI:ST:
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STATE OF CALIFORNIA )
COUNTY OP ORANGE ) ss.
CITY OF ANAHEIM )
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I, DENE M. WILLIAMS, City Clerk of the City of Anaheim
do hereby certify that the foregoing Resolution was introduced and
adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim, held on the 11th day of June, 1957, by
the following vote:
AYES:
COUNCILMEN: Coons, Fry, Schutte and Wisser.
NOES:
COUNCILMEN: None.
ABSENT: COUNCILMEN: Pearson.
_ tPro Tem..
AND I FURTHER CERTIFY that the Mayo!:;of tne t,;i ty of
Anaheim approved and signed said Resolution on the lIth day of
June, 1957.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 11th day of June, 1957.
!fi~-'-7}( 1Y:;;~~~~
CITY CI..ERK OF THE CITY OF ANAHEIM
( SEAL)
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