57R-3759
-~
RESOLUTION NO. 3759
--...,~-
A Ii.ESOLUTION ~)1' TP.E CIT:J: COUNOIL 011' THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES
AND TRANSPORTATION INOLUDING POWER, FUEL AND
WATER, AND PERFORMING ALL WORK NEOESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE MAGNOLIA-CRESCENT STREET
IMPROVEMENT, JOB NO. 134
WHEREAS, the City Councl1 of the City of Anaheim dld cause to
be published in a newspaper of general ci~ou1ation, printed, publishe~ and
circulated ln the 01ty of ~~aheim, to wit: The ~~ahelm Bulletin, on the
25~ 0+ ;anuary and 1st of February , 19 51 , a notice invlting
sealed proposals for furnishing the following:
All plant, labor, services, materials and equipment,and
all utilities and transportation, including power, fuel
and wa~er, 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 Magnolia-Crescent Street Improvement, on Magnolia Avenue
from 644 feet north of Crescent Avenue to Crescent Avenue,
and on Crescent Avenue from Magnolia Avenue to 660 feet west
of Magnolia Avenue, consisting of excavation, removal of
existing material, construction of 4-inch plant-mix paving,
including paint binder, and appurtenant work, as indicated
on the plans, Job No. 1}4.
1n aocordance with the deEligna, plans, profiles and. specifications pre-
pared by Geor~e E. HOl*oke. City En~in8er and the notice inviting
sealed proposals, whic said notice specified that sealed proposals as
specified in said notice would be received up until 7:00 o'clock P.M.
of the 11th day of February , 1957 ,and which said notice
did state and deolare that, pursuant to the provisions of Section 1770 of
the Labor Oode, the City Council of the City of Anaheim had ascertained
the prevs.iling rate of wages for each type of labor needed to execute
said contract and did Bet forth the prevailing hourly wage scale so ascer-
tained; and
-
WHEREAS, at a regular meeting of the City Oouncil held on the
l~th day of February , 19 57 , at the hour of 1:00
o'clook P.M. of said date, said City Council did hold a publio hearing
for the purpose of opening sealed proposals recelved up to that time, tor
furnishing of all plant, labor, servioes, materials,and equipment, and all
utilities and transportation, including power, fuel and water, and per-
-1-
-
-~~ ~
forming all work necessary to construct and complete, in a good and
workmanlike manner, in strict accordance with the speclficat1ons,
plans and drawings therefor on file in the office of the Oity Olerk
of the City of Anaheim, of the public improvement hereinabove more
particularly described and set forth; and
WHEREAS, the Oity Council did thereupon refer said bids to
the City Eniinaer for examination
tabulation and report to the Oity Council, and said City E~ineer
did thereupon examine and tabulate said sealed
proposals and report the result of his tabulation to the City Oouncil;
and
WHEREAS, the City Counoil did meet in regular
session on the 13th day of February , 19 57 ,at the hour
of 7:00 o'olock P.M. to oonsider the sealed proposals submitted
for furnishing materials and performing the work hereinabove more
particularly described and set forth, and the City En~ineer
of the Oity of Anaheim did thereupon make his
report and submit his tabulation of said sealed proposals, and the
City Council did thereupon find and determine that the sealed proposal
submitted by SULLY-MILLER CONTRACTING COMPANY
for the construction, installation and completion of said
}(AGNOLIA-CRESCENT STREET IMPROVEMENT. .JOB NO. ]:;4
hereinahove mentioned and described was the lowest responsible pro-
posal submitted therefor, and thereupon aocepted said bid and did
award a contract to said SULLY-IULLER 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 specifications,
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
14th day of February
made and entered into on the
19...21....; and
WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY
has furnished all plant, labor, services, materials and equipment and
all utilities and transportation, and performed all work necessary
for the construction and completion, in a good and workmanlike manner,
1n strict accordance with the specif1cations, plans, drawings, of said
public 1mprovement as specified in the notice inviting sealed proposals
and 1n the detail, design, plans, profiles, drawings and specifioations
prepared by Geor~e E. Holyoke. City En~ineer , and the contract
made and entered into with it by the City of Anaheimj and
WHEREAS, the City Endneer
has duly oertified to the oonstruotion and oompletion of said pUblio
improvement hereinabove mentioned and described in acoordanoe with
the plans and specifications and the oontract doouments duly made and
entered into with said SULLY-MIlLER CONTRACTING COMPANY j and
WHEREAS, the Oity Council finds that said oontraotor has oom-
pleted said pUblic improvement hereinabove more partioularly desoribed
,- in accordance with the prOVisions of the contract and the contraot
documents, and that notice of completion should be filed and payment
of the balance due said oontractor 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
-2-
~.
.-
--
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 offioe of the City
Clerk of the City of Anaheim, together with the appurtenanoes
thereto of said public improvement hereinabove more partioularly
described and set forth, in the City of Anaheim, by said con-
tractor, be, and the same is 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
aoceptance 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, exoepting only suoh sum
or sums as may lawfully be withheld in aocordance with the pro-
visions of said contract and contraot documents. That aoceptance
by the oontraotor 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 olaims and
liabilities due the contractor for anything done or furnished or
withheld or for anything relating to the work or any aot or neg-
lect 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 Oity
Clerk of the Oity 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 was signed and approved by me
this 26th day of March , 19 57 .
~~~~~l'tr~
"".
ATTEST:
,
L J ~-- ~. (,
/ " ') .,......, .
/~-e. /;%. ~~
CITY OLERK OF THE OI . or ANAHEIM
-J-
-
STJI'E OF CALIFORNIA )
ca:nrI'Y' OF ORJ)fGl ) ss .
cm or .lJllHEIM )
".-
I, DElI M. WILLIAIt3, City Clerk of the City of Anaheim, do
hereby certify that the foreqoing Resolution was duly passed and adopted
at a reqular meeting of the City Council of the City of Anaheim, held
on the 26th day of March, 1957, by the following 'fOte of the IlIe1lIbers
thereof:
AYl!B1: C(ll1iCllMEX: Pearson, Fry and Wisser
NOE: COUlK: II.HBN: None
AlBENT: COUNCILMEN: Coons and Schutte
AND 17FURTm:R CIRTIFY that the Mayor of the City of Anaheim
approTed and signed said Resolution on the 26th day of March, 1957.
IN WmiBS WHiREOF, I have hereunto set m;y hand and affixed.
the seal of the City of Anaheim this 26th day of March, 1957.
L ~. '2vJ~
CITY CLERK OF THI CITY OF ADHElX
(SIAL )
,~.-