1973-481
RESOLtrl'ION NO.
73R-481
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIH FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
trl'ILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND t'JATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE NORTH STREET - STREET IMPROVEMENT FROM
MAVIS STREET TO APPROXIMATELY 29 FEET EAST
OF PAULINE STREET, IN THE CITY OF ANAHEIM
WORK ORDER NO. 679-A. '
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 31st day of M~v and the
7th day of June , 19 73 , a notice inv1ting sealed
proposals for furnishing the following:
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
therefor on file in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
The North Street - street improvement from Mavis
Street to approximately 29 feet east of Pauline
Street, in the City of Anaheim, consisting of
clearing and grubbing, excavation including com-
pacted embankment, construction of P.C.C. side-
walk, alley aprons, curbing, curb and gutter,
asphalt concrete, adjustment of manholes to grade,
and appurtenant work as more particularly shown on
the plans and as delineated in the specifications
on file in the Office of the City Clerk or City
Engineer, Work Order No. 679-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by fue Public Works Departm~nt. . '
and the notice inviting sealed proposals, wh1ch sa1d not1ce
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 14th day of
June , 19 73 , and which said notice did state and
declare that, pursuant to the provisions of Secti~n 1770 of the
Labor Code, the City Council of the City of Anahe1m had ascer-
~__ tained the prevailing rate of wages for each type of l~b~r needed
to execute said contract, and did state that the preva1l1ng ~ourly
wage scale so ascertained was on file in the Office of the C1ty
Clerk; and
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~HEREAS, on __ June 14 , 1-9 J.~"' .;:It the hour of
_ ~; 00 0 clock P. M." the Cl ty Clerk and t,he CH.y EngIneer of
the C1 ty of Anahei m dl,d open sa~d sealed proposals rece";, ved Jp
to that time for t~he furnish~ng of all plant , labor, serVIces.
materials and eqUIpment, and all utlllties and transportatlor;,
including power, fuel and water, and performing all work neces-
sary to construct and complete, "10 a good and workmanlike manner.
1n strict accordance WIth the speclf1.cations, plans and drawings
therefor on f1le 1n the OffIce of the City Clerk of the CIty of
Anahe1m, the publ ic .i.mprovement here1,nabove more particul.:i,!'" Y
described and set forth, in public, in the C:Lty CouncIl Chamber
.in the City Hall, Anaheim, California, and the Cl.ty EngIneer d1.d
tabulate the result of said sealed proposals and dld make a
report to the City Council at its next ---------- regular
meetlngi and
WHEREAS, the Cl,ty Counc11 of the Clty of Anaheim did,
at its next -----~--- regular meet1ng, held on the 19th
day of June , 1973 , at the hour of 1 = 30 0 CJ"ock
P.M.~ consider the sealed proposals submitted for furnish1ng the
materials and performing the work hereinabove more particularly
described and set forth, and did thereupon find and determIne that
the sealed proposal submitted by SULLY-!ULLER CONTRACTING COHPANY,
P.O. Box 432, Oranqe, California 92667
for the construct10n, lnstallation and completion of saId North st.
st. imprvt. from Mavis St. to approx. 29' E/o Pauline St., in the
C:i.tv of Ap,aheim, Work Order No. 679-A hereinabove mentIoned
and descrIbed, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to sa:ld SULLY-MILLER CONTRACTING COHPANY
for furnishing all plant, labor,
serv1ces, materials and equipment and all utilities and transpor-
tation, lncluding power, fuel and water, and performing all work
necessary to construct and complete, in a good and workmanlike
manner, in str~ct accordance with the specifications, plans and
drawings, the said public improvement as specified in said not~ce
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 sdLd
contract was duly made and entered Into on the 21st day of
June , 1911--; and
WHEREAS, the said, gULLl-MIT.T.F.R r.()NlR.r..r'T'TN~
COMPANY as urn1shed al plant, labor,
serV1ces, mater1als and equipment and all utilities and trans-
portation, and performed all work necessary for the construction
and completion, in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings of said
public improvement as specified in the notice inviting sealed
proposals and in the detailed designs, plans, drawings, and
specifications prepared by the Public Works Department
, and the contract made and entered Into
w1th it by the City of Anaheim; and
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WHEREAS, the Director of Public Works
has duly certified to the construction and complet1on of
public improvement hereinabove mentioned and described,
ance with the plans and specifications and the contract
duly made and entered into with said
SULLY-MILLER CONTRACTING COMPANY
sa1d
in accord-
documents
; and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particll'"
larly described in accordance with the prov1sions of the contract
and the contract documents, and that not1ce 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 and all utilities and transportation, and the
performance of all work necessary to construct, install and com-
plete, 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, together
with the appurtenances thereto, said public improvement herein-
above more particularly described and set forth, in the City of
Anaheim, by said contractor, be, and the same are hereby accepted,
subject, nevertheless, to all the terms, conditions and provisions
of the contract documents, and that the balance due said con-
tractor 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 accord"
ance 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 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 em-
ployees, excepting only claims against the City for amounts ~ith'
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED tihat the Mayor and the C1ty
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.
THE FOREGOING RESOLUTION is approved and signed by me
th~s 16th day of October , 19 73 .
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ATTEST:
DENE M. DAOUST, CITY CLERK
By r;,~<J-n cv >h~a/'&V/Yl/.r/ Deputy
CITY CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFOfu~IA
COUNTY OF ORANGE
CITY OF .Ar:;JAHEIH
SSe
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I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. _.l..3R-48l was
passed and adopted at a regular meeting of the City Council held
on the 16th day of Octob~r .' 19 --1.;u by the follmving
vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom
and Dutton
NOES: COUNCIL'1EN: None
ABSENT: COUNCIL~EN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the ~?th day of
October , 19 73
IN WITNESS \iHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 16th day of
October , 19 73
DENE M. DAOUST, CITY CLERK
~L~.v In. ~c:vVU-;na/ ~DeputL
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
73R-481 duly passed and adopted by the Anaheim City Council on
October 16, 1973.
DENE M. DAOUST, CITY CLERK
By t:Z&<-1'7.-v ~. ~ t2/!/L.e~r(.~~_/
Deputy City Clerk
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