70R-541
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RESOLUTION NO. 70R- 541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY 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 THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE
IMPROVEMENT OF BROADWAY STREET AT SOUTHERN
PACIFIC RAILROAD CROSSING WEST OF MANCHESTER
AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 577-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 25th day of-June and the
2nd day of JUlh ' 1970 , a notice inviting sealed
proposals for furnis ing 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 improvement of Broadway Street at
Southern Pacific Railroad Crossing west of Manchester Avenue,
in the City of Anaheim, consisting of excavation; construction
of asphalt concrete pavement over aggregate base; placement
of variable thickness asphalt concrete pavement; construction
of P.C.C. curb and gutter, curb, modified catch basins, collars
and plug; installation of R.C.P.; removal of concrete facilities;
and appurtenant work as more particularly set forth in the
plans and specifications on file in the Office of the City
Clerk or City Engineer, Work Order No. 577-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Department of Public Works
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2: 00 0 I clock P.M. of the 9th day of
July , 19 70 , 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 ascer-
tained the prevailing rate of wages for each type of labor needed
to execute said contract, and did state that the prevailing hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on July9 , 19 70 , at the hour of
2:00 o'clock PoMo, the City Clerk and the City Engineer of
the City of Anaheim did open said 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 performing all work neces-
sary 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, the public improvement hereinabove more particularly
described and set forth, in public, in the City Council Chamber
in the City Hall, Anaheim, California, and the City Engineer did
tabulate the result of said sealed proposals and did make a
report to the City Council at its next regular
meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 14th
day of July , 19 70 , at the hour of 1: 30 0' clock
P.Mo, consider the sealed proposals submitted for furnishing 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-MILLER CONTRACTING CO.,
P. O. Box 432, Orange, California 92667,
for the construction, installation and completion of said improve-
ment of Broadwa at Southern Pacific Railroad Crossin near Adams
Street, Anaheim, Work Order No. 577-A, here~nabove ment~one
and described, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said SULLY-MILLER CONTRACTING CO.
~or furnishing all plant, labor,
services, materials and equipment and all utilities and transpor-
tation, 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 CO.
which said
contract was duly made and entered into on the 16th day of
July , 19~; and
WHEREAS, the said SULLY-MILLER CONTRACTING CO.
has furnished all plant, labor,
services, materials 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 De artment of :.Public Works
, and t e contract ma e an entere ~nto
with it by the City of Anaheim; and
WHEREAS, th~ Director of Public Works
has duly certified to the construction and completion of said
public improvement hereinabove mentioned and described, in accord-
ance with the plans and specifications and the contract documents
duly made and entered into with said SULLY~MrLLER CONTRACTING CO.
; and
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WHEREAS, 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 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 with-
held 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.
THE FOREGOING RESOLUTION is approved and signed by me
this lOtb day of __-HQyewbe~ ,19-2Q_.
ATTEST:
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~ROFTHE CITY OF ANAHEIM
n )(.~
~LERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s .
CITY OF ANAHEIM )
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I, DENE M. ~ILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that tqe foregoing Resolution No. 70R-54l was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 10th day of November,
1970, by the following vote of the members thereof:
AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTH~R CERTIFY that the Mayor of the City of Anaheim
approved and signed sqid Resolution No. 70R-54l on the 10th day of
November, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of ~he City of Anaheim this 10th day of November,
1970.
~ )t. ?J:;6';~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
70R-54l duly passed and adopted by the Anaheim City Council on
November 10, 1970.
~)z{:)1:;/-.~
City Clerk
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