59R-5287
_.
RESOLUT! ON NO. 5287
A RESOLUTION OF THE CITY COUNCIL OJ' THE CITY or
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLAMT ~ LABOR~ SERVICESg MA-
TERIALS AND EQUIPXENT AND ALL UTILITIES AND TRANs..
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IKPROVEMENT, TO WIT:
THE IMPROVEMENT OF CLAmDINA STREET. FROM SANTA ANA
_~~REET. TO WATER STREET. PROJECT NO. 6u.
WHEREAS, the City Counoil of the City of Anaheim did
cause to be published in a newspaper of general oirculation,
printed, published and ciroulated i.n the Oity of. Anaheim, to vit:
The Anaheim Bulletin, on the 12th and 19th davs of March ,
19~. a notice invi.ting sealed proposals for furnishing the
following:
All plan" labor, services, materials, and equip-
ment, and all utilities and transportation, including
power, fuel and water, and performing all work neces-
sary to construct and complete in a good .and workman-
like manner, in strict accordance with the specifi-
cations, plans and drawings therefor on file in the
office of the City Engineer or the City Clerk of the
City of Anaheim, the following public improvement, to
wit: The Improvement of Claudina Street, from Santa
Ana Street to Water Street, by excavation, removal
of existing material and concrete curb, construotion
of ourb and gutter, concrete cross gutter, paving with
4-inches of plant-mix surfacing, adjusting existing
manholes to grade, and appurtenant work as indicated
On the plans, Project No. 64,
~
in aooordance with the designse plans, prOfiles and speoifica-
tions prepared by Thornton Piersall. City En~ineer
and the notioe inviting sealed proposalsg whioh said notioe speoi-
fied that sealed ~opo.als as speCified in said notice would be
reoei ved up until 2: 00 o' olook PoK. of the ~ pf..t:h day of
March . 19~>> and whioh said notice d1d state and
deolare that, pursuant to the provision. of Seotion 1770 of the
Labor Code>> the Oity Council of the City of Anahe1m had aaoerta1ne4
the prevailing rate of vages for eaoh type of labor needed to exe-
oute aaid contract and did eet forth the prevai11ng hourly vage
eoale so asoertained; and .
WHEREAS, on Mu'~h ?f, D 19.5:.2.-. at the hour of
2:00 o.olock P.M.>> the Oity Clerk and City Engineer of the
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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 necessary to con-
struct and complete. in a good and workmanlike manner, in strict
accordance with the specif1cat:1.ons. 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 publi.c, in the City Council Chamber in the City Hall,
Anaheim. California, and the Clty Engineer did tabulate the result
of said sealed proposals and did make a report to the City Council
at its next adjourned~~regular meeting; and
WHEREAS 9 the City Council of the City of Anaheim did9 at
its next adiourned regular meeting, held on the 1lst day
of MsT'oh D 19~, at the hour of 7:00 o'clock P.M.,
consider the sealed proposals subm:1.tted for furnishing the materi-
als and performing the work hereinabove more particularly described
and set forth, and did thereupon find and determine that the sealed
proposal submitted byu SULLY MILLER CONTRACTING COMPANY. P. o.
Box u12. Oranie, CAlifoT'niR
for the construction" installation and completion of said Proiect
Io. 64. The Improvement of Claudina Street,
hereinabove mentioned and desoribed, was the lowest responsible
proposal submitted therefor" and thereupon accepted said bid and
did award a contract to said ~~ullI_Miller ContT'A~t.ing ~~mpanl
,
for furnishing all plantp labor" services" materials and equipment
and all utilities and transportation. including power, fuel and
waterp 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
speoified in said notice inviting sealed proposals9 and did author-
ize the Mayor and the City Clerk of the City of Anaheim to execute
a contraot for and on behalf of the City of Anaheim with
Sully ~ill~ Contractini Company
which said contract was duly made and entered into on the 3rd
day of April " 19~,; and
WHEREAS, the said ~"lly Mill AT' Cnn+T'<lf'+h'8 (1('WPIJ:lY
. has furnished all
plant, labor, services" materials and equipment and all utilities
and transportation" and performed all work necessary for the con-
struction and completion. in a good and workmanlike manner, in
strict accordance with the specifications" plans" drawings, of said
publio improvement as specified in the notice inviting sealed pro-
posals and in the detail, design, plans" profiles, drawings and
specifioations prepared by. Thornton Piersallr City EnginAAT'
, and the contract made and entered
into with it; by the Oi ty of Anaheim; and
WHEREAS~ the City Engineer ~~haS dull
certified to the oonstruction and completion of said public improve-
ment hereinabove mentioned and described. in accordance with the
plans and speoifications and the contraot documents duly made and
entered into with said Sully Miller Contractinl2: ,Companv
~.~~~__~ ~_; and
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WHEREAS. the City Council finds that said contractor has
completed said pUblic improvement hereinabove more partioularly de-
scribed in aocordance with the prOVisions of the oontraot and the
oontract documents, and that notice of completion should be filed
and payment of the balance due said contractor authorized in accord-
anoe with the contract documentso
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NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the
City of Anaheim that all plant, labor, servioes, materials and
equipment and all utilities and transportation, and the performanoe
of all work neoessary to oonstruot, install and oomplete, in a good
and workmanlike manner, in striot aooordanoe with the speoifica-
tions, plans and drawings therefor on file in the Offioe of the City
Clerk of the City of Anaheim, together with the appurtenanoes
thereto. said public improvement hereinabove mOre particularly de-
scribed and set forth, in the City of Anaheim, by said oontraotor,
be, and the same are hereby aooepted, subject, nevertheless, to all
the terms. conditions and provisions of the contract documents, and
that the balance due said contractor 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 com-
pletion, excepting only such sum or sums as may lawfully be withheld
in accordance with the provisions of said contract and contraot
documents. That acceptance 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 anything
done or furnished or withheld or for anything relating to the work
or any act or negleot of the City, its officers, agents and em-
ployees. exoepting 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 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
this 9th day of June
is approved and signed by me
, 19-22-.
a ~. f}~
MAYOR Ot/,fHE CITY OF ARAHEIK
AT~ST: _ ~
t I ') 7 ';---- 7 '
i;V~ m. /'.l~../~~~~
CITY CLERK OF THE CITY OF AlAHEIM
STATE OF CALIFORNIA )
COUlITY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. Dene M. Williams , City Clerk of the City ot
Anaheim. do hereby certify that the foregoing resolution was intro-
duoed and adopted at a regular meeting provided by law
of the City Counoil of the City of Anaheim, held on the 9th day
of June , 19~, by the following vote:
AYES:
NOES:
COUNCILKEN: Borden, Coons, Fry and Schutte
COUNCILMEN: None
.,.--,
ABSENT: COUNCILKEN: Pearson
AND I FURTHER CERTIFY that the Kayor of the City of
Anaheim approved and signed said resolution on the 9th day of
June , 19..59.-.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the offioial seal of the City of Anaheim this 9th day ot
June , 192.2-.
( SEAL )
cM~A ~tJ~"fiDE
01. 0 RK OF THE Cny F AN IX
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