56R-3433
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RBSOLUTION NO. 3433
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY
OF ANAHEIM F~NALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK NECES-
SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: THE IMPROVEMENT OF NORTH
OLIVE STREET E FROM LA PALMA AVENUE TO OOMMEROIAL
~EET. PROJ_CT 10. 54.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, publiShed and circulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the 12th and 19th days of April
, 19 56 , a notice inviting sealed
proposals for furnishing the following:
All plant, labor, services, materials and
equipment, and all utilities and transporta-
tion, including power, fuel and water, and
performing all work necessary to construct
and complete, in a good and workmanlike
manner, in strict accordance ~ith the plans
and specifications on file in the office of
the City Clerk of the City of Anaheim, the
improvement of North Olive Street, from La
Palma Avenue to OommerCial Street, by exca-
vation, paving with 4-inch plant-mix sur-
facing, adjusting existing manholes to grade,
and appurtenant work, as indicated on the
plans, Project No. 54.
in accordance with the 6esigns, plans, profiles and specifications
prepared by Geor~e E. HOlloke. Oitv En~ln~er.
and the notice inv ting sea ed proposals, w,ich said notice speci-
fied that sealed proposals as specified in said notice would be
received up until 7:00 o'clOCk P.M. ~f the 24th day of
4p~~1 , 1956 , and which said notice did state and de-
clare t at, pursuan~the provisions of Section 1770 of the
Labor COde, the City Council of the City of Anaheim had ascertain-
ed 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 ascertained; and
on the
o'clock
hearing
to that
terials
eluding
WHEREAS, at a regular meeting of the City Council heli
24th day of April , 19 56 , at the hour of 7:00
P .M. ~f said date, said City Counci 1 did hold a public
for the purpose of opening sealed proposals received up
time, for furnishing of all plant, labor, services, ma-
and equipment~ and all utilities and transportation, in-
power, fuel and water~ and performing all work necessary
to construct and. complete, in a good and workmanlike manner, in
st,rict accordance with th'3 specifications, 1)lans and dravrings
'cY"'t.;for on file in tlF ,)~fice of the City Clerl~ of the City of
-- .'"~,,' H~im, of the public rp)l'ove!Jent hereinauove more particularly
2sscribed and set fortL: ~nd
"HEREAS, the C::..ty Coul".cil did thereupon refer said bids
to the _ City Engine_er ____'H__-.:=:_ __ _H____ , for
exam::..nation, tabulatjo_; Ci,:1d repcJrt ':;0 tHe City Council, and said
Eixa-m},~; t~n~nf~~ fe--salcf -seaiecf-pr-G-posals- and repo~~d t~~e~:~~f~
of his tabulation to the City Council; and
\fHEREAS, the City Council did meet in
regular session on the 21ttlLday 0(.~riJ.H____.19~, at the hour
of 7:0~ o'clnck P,h. to consider t e sealed proposals submitted
for furn shing materials and performing the work hereinabove more
particularly described and set forth, and the Gitl ~,___
of the City 0 Anaheim did
-ther:eupon- make 11'fs- -repo.rT andsubmit his tabulation of said
sealed proposals, and tho City Council did thereupon find and
d$termine that the sealed proposal submitted by SULLY-MILLER
CONTBACUNG COMPANY ~
-for the construction, inst'iilla-tion and-completion of said
-~_ Proje.Q.1.]lo_o_2L_J...Il!12.r..Q..vement of North _Ol~_v~VY~____
hereinabove mentioned and described was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said SQ;T"J.j:'-M,1;IJ""llIR QQ!lTBACTUiG.:. ~JOC'{
for furnishing all plant, labor, services, m8lferials and equip-
ment 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
~"hich said contract was dUly made an-d-entered into--on- the 8th
day of ---11a.L.-~___, 19.5.2.......; and
VVHEREAS, the said g3UL;L,X-MI;L.;k;r.;R CONTR,ACTINS} COMPANY
has furnished all plant, labor, services, materials and equip-
ment and all utilities and transportation, and performed all work
necessary for the construction and completion, in a good and
workmanlike manner in strict aocordance with the specifications,
plans and 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
- r,.t>(I1"~ F.. Hnl y~kf..JlLty EngiD~.I"...-____,' and the contract
made and ntered in 0 1-d th them by the City of Anaheim; and
,,mEREAS, the _ Qj,;tjy EIl~ln~~_~_ __H__
~as duly certified to the 0onstruction and oompletion of said
public improvement hereinaoove mentioned and described in
accordance "ith the plans and specifications and the contract
documents duly made and entered into 1'lith said SULLY.:MILLER
._ ___ 90NTRACTING, COMPJ\.NY__.; and
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dHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with the provisions of the contract
and the contract documents, and that notice of completion should
be filed and payment of thG balance due said contractor authorized
in accordance with the contract documents.
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NOli, THERE FOS.:L, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
,-t.~.n equlpm8nt and all utjlities and trans:portation, and, the per-
,~ ~)rmancc of all work ncc0ssary to construct, install and completG
'-.1 a good and vlOrkmanlike mannGr, in strict accordance ,.,i th the
specifications, plans and drawings therefor on file in the office
of the City Clerk of the City of Anaheim together with the ap-
purtenances thereto of said public improvement hereinabove more
particularly describoJ &nd set forth, in the City of Anaheim, by
said contractor, be, anQ tho same is hereby, accepted, subject,
nevertheless, to all the terms, conditions a net provisions of tho
contract documonts, and that the balance due said contractor for
said work be paid to fi~' thirty-five (J5) days from and after
final acceptance of sa 1'fork 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 such sum
or sums as may lawfully bo withheld in accordance with the pro-
visions of said contract and contract documents. That aoceptance
by the contractor 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 claims and
liabilities due the contractor for a.nything 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 employeos, excepting
only claims against the City for any amounts withheld by the City
at the timo of such payment.
AND BE IT FURTHER RESOLVED that tho Mayor Qnd the City
Clorkof the City of Anaheim be, and they arc hereby, authorized
to execute and file a notice of complotion of said work as re-
quired by law.
TH~ FOREGOING RESOLUTION was signed and approvod by mo
this l4tlfday of A~ust , 19 ~6
ATTEST:
~
IvIAY' ", ,'.' '0 A AHEIM
Pro Tern
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' ~i.RK ~ ~ CITY O~M
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STATE OF CALIR>RNIA )
<X>UNTY OF ORANGE ) ss
CITY OF ANAHEIM )
........,
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certii
that the foregoing Resolution was adopted upon a final reading at a regular
meeting of the City Council of the City of Anaheim, held on the 14th day
of August, 1956, by the following vote of the members thereof:
AYES: CDUNCILMEN: Coons, Fry, Schutte and Wisser.
NOES: CDUNCILMEN: None.
ABSENT: CDUNCILMEN: Pearson.
AND I FURTHER CERTIFY that the Mayor Pro Tern of the City of
Anaheim approved and signed said Resolution on the 14th day of August,
1956.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 14th day of August, 1956.
L ') -r- ~
k' /~<N--L ~ /~~/~-/~~~
CITY CLERK OF THE CITY OF M AHEIM.
(SEAL)
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