57R-4268
RBSOLUTION NO.
4268
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
or ANAHEIM FIl'aLLY ACCEPTING '!HE C01lPLETION
AID THE ~G OF ALL PLANT, LA.ooR, SEP....
VICBS, .~ AND EQUIPBNT AND 1ALL UTIL-
I'l'IES AND TRANsPORTATION INCLUDING !POIER,
FUEL AND .~, AND PERFORKING ALL iIO!lK
NlCB8SARY TO pONS'l'RUCT AND COIIPLETIi THE
PO...LLGlING~. C. IIPOOVEIBN'I'..' ~
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~S, the City COUDcil of the City of Anaheim did cause to be pub-
Uehe4 :tn . news~e!' of geneftl circulation, printed; published and circulated
in the fit;r of Anat1eim, to wit, The Anaheim Bulletin, on the 1~~1l. f!f 'Ad
~.. 'tt:.:'1l .' 19 J1 ,a notice inviting seal pro:-
~r . iSldIig the following.
All plani, laDor, .ervlee., ..t.rlal. and. ectnp.e.t, ....
all .1;1111;1.. aad "...portatha, 11lobd1ng power, fiel
aa4 vat.., and ~errora1ag all work n.c..ear7 to con.truot
..... co.plete, 1Jl a gooel aJl4 worklla.Dl~ lIaIU1er, 11l .triot
aooordanoe wlth the plan8 and speoitloatioRs on tile 11l
theOtrloe ot the 011;7 Clerk or 01t7 Eaglneer ot the 01i7
et .balleu, the 1mprov.ment ot the later.ecUon at Harbor
loueyard anel Ball. Ji"ad., D7 the oGastruct1on ot a storm
ira1n culyert, our. and gatter, cros...gutter, paYing wl th
4-1nch plant-a1x p.Ylng, and appurtenant work ae 1nd10ated
on the plan8, Job Io. 149,
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in acoct~e with the designs, plans, profiles and specifications prepared by
and the notice inviting sealed
p . PO. no ee c that se ed propo~s as specified in
sUd no"tt.ce would be received up until"~G 0' cloak P. L of the 2~~ day
of "B~t , 19~, and wliIc said notice did state and ec are
th.t, ;alII... -to the proviaIOiiii of Section 1770 of the Labor Code, the City
CO'ancil at the City of Anaheim had ascertained the prevailing rate of wages for
ea4b ~ of labor needed to execute said contract and did set forth the pre-
'vailinl hourl;r wage scale so ascertained; and
WFftJUR, at a regular meeting of the ,City Council held on the 21;h day
of.....' , 19~__., at the hour of. '~OO o'clock P. . of
sdd ....., hid City Council--m1iO'ld a public hearing or the purpose of opening
sealedpl'Opoaala received up to that time, for the furnishing of all plant, labor,
servic_, materials, and equip.mt, and all utilities and transportation, in-
cluding power, fuel and water, and. perf01'llli.ng all ~k necessary to construct .JIIl
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complete, in a good and workmanlike manner, in strict accordance with the speci-
fi,cations, plans and drawings therefor on file in the office of the City Clerk
of the City of Anaheim, of the public improvement hereinabove more particuJ.arly
described and set forth; and
WHEREAS, the City Council did thereupon refer said bids to the
~'~ for examination, tab',] Ation and report to the City CoundJ.,
.... 4...81" did thereupon examine and tabulate said sealed pro-
posals a repo~e result of his tabulation to the City Council; and
WHEREAS, the City Council did meet in regular session
on the 271:h day of bC'.,$ , 19~, at the hour of !Ul..Q.o'clock P. II.
to consider the sealed proposals submittearor furnishing materials and performing
the work hereinabove IOOre particularly described and set forth, and the
Q1 "A ~1.Jl~er of the City of Anaheim did thereupon make his
repoan su mit his tabulation of said sealed proposals, and the City Council
did thereupon find and determine that the sealed proposal submitted by
~...~ QOIDAOTINf 00., p. O. Bo% 4'2, Ol"U"'.. 0.Htor~1a
for the construction, installation an co~
OF THE INTERSEOT 01. Jt..'f OR BO V
hereinabove mention
cribed was the lowest resuonsib1e proposa1 submitted therefor, and thereupon ac-
cepted said bid and did award a contract to said ~VLLr-KILT.;:a OOH"I'R 6t:1~I.~
00. for furnishing an p1ant,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 sa.id 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
. XlLLER 01 0 II 00. -
which Ai contract was duJ,y made and entered into on the day of
Au.wl11 , 19-52-; and
lIHIREAS, the said 'VLLr-.Il~~ OOIf'f~I'G 00.
has ished all plant, labor, services,
materi~s and equipment and all utilities and transportation, and performed all
work neeessary 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
~ 1:. Hol'O~, ~1.1ll Eqt..:t ' and the contract made and enterea--
in 0 h 1.1l ry t e ftyo Ana eim; and
WHEREAS, the Cl:1lY ED.11..D..r
the construction and completon of said public
and described in accordance with the plans and
documents duly made and entered into with said
; and
has duly certified to
improvement hereinabove mentioned
specifications and the contract
SULLY-KIT.T .~R OOHIfRACTING CO.
WHEREAS, the City Council finds that said contractor has completed said
public improvement hereinabove IOOre particularly described in accordanoe with the
provisions of the contract and the contract documents, and that notice of com-
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 IT HESOLVED by the 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 hereinabove 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 provisions of the contract docu-
_nts, and that the balance due said contractor for said work be paid to 1 t
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 compl~tion, excepting only such sum or sums
as ms.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 aocordance with said final estimate shall operate and shall be a release to
the City of Anaheim, its offieers, agents and employees from' all claims and lia-
bili ties 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 Anabeim be, and they are hereby authorized to execute and file a notice of
completion of said work as l'equired by law.
day of
THE FOREGOING RESOLUTION is signed and approved by me this
D~."'.r , 19 .s, .
11th
e~
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An'ES'l't
i!... ~.. ,"2. c:.-.-. - .
~.. . OF~~
Sf.. ~TE or QlLIFORNIA ~
COUNTY OF ORaNGE SSe
CITY GP' AJWiEIM
I, !!\;E ll. aLLI~ ' Oity Clerk of the City of
Anahe-ll11, do hereb,t e~ iry t . tl1e 01'8go1ng Resolution was passed and adopted.
at a __ regulal'meeting of the City Council held on the~dq-
of - D_.IIb.~ ,19$' , by the following vote of the member~eott
lYlS t
COUNCILMBN Pearson, Cooas, Fry, Schutte and Wisser
l.\J<ZS I
COUNCILMEN No..
A.E1ft't COU1JCILMEN. No..
AND I FURTHER ClRTM that the flayor of the City of Anaheim signedanci
appro... said Re$Olution on the lOtla day of De._bar , 19 15'7 .
IN WITlQlSS WHEREOF, I have hereunto set 1IfY hand and - affixed the seal
of the Oi ty of Anehe:l.m this JoOta day of D..~bar, 19 ~'7.
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(SW.)
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