Loading...
57R-3759 -~ RESOLUTION NO. 3759 --...,~- A Ii.ESOLUTION ~)1' TP.E CIT:J: COUNOIL 011' THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NEOESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE MAGNOLIA-CRESCENT STREET IMPROVEMENT, JOB NO. 134 WHEREAS, the City Councl1 of the City of Anaheim dld cause to be published in a newspaper of general ci~ou1ation, printed, publishe~ and circulated ln the 01ty of ~~aheim, to wit: The ~~ahelm Bulletin, on the 25~ 0+ ;anuary and 1st of February , 19 51 , a notice invlting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment,and all utilities and transportation, including power, fuel and wa~er, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the plans and specifications on file in the Office of the City Clerk or the City Engineer of the City of Anaheim, the following public improvement, to wit: The Magnolia-Crescent Street Improvement, on Magnolia Avenue from 644 feet north of Crescent Avenue to Crescent Avenue, and on Crescent Avenue from Magnolia Avenue to 660 feet west of Magnolia Avenue, consisting of excavation, removal of existing material, construction of 4-inch plant-mix paving, including paint binder, and appurtenant work, as indicated on the plans, Job No. 1}4. 1n aocordance with the deEligna, plans, profiles and. specifications pre- pared by Geor~e E. HOl*oke. City En~in8er and the notice inviting sealed proposals, whic said notice specified that sealed proposals as specified in said notice would be received up until 7:00 o'clock P.M. of the 11th day of February , 1957 ,and which said notice did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Oode, the City Council of the City of Anaheim had ascertained the prevs.iling rate of wages for each type of labor needed to execute said contract and did Bet forth the prevailing hourly wage scale so ascer- tained; and - WHEREAS, at a regular meeting of the City Oouncil held on the l~th day of February , 19 57 , at the hour of 1:00 o'clook P.M. of said date, said City Council did hold a publio hearing for the purpose of opening sealed proposals recelved up to that time, tor furnishing of all plant, labor, servioes, materials,and equipment, and all utilities and transportation, including power, fuel and water, and per- -1- - -~~ ~ forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the speclficat1ons, plans and drawings therefor on file in the office of the Oity Olerk of the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the Oity Council did thereupon refer said bids to the City Eniinaer for examination tabulation and report to the Oity Council, and said City E~ineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Oouncil; and WHEREAS, the City Counoil did meet in regular session on the 13th day of February , 19 57 ,at the hour of 7:00 o'olock P.M. to oonsider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the City En~ineer of the Oity of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by SULLY-MILLER CONTRACTING COMPANY for the construction, installation and completion of said }(AGNOLIA-CRESCENT STREET IMPROVEMENT. .JOB NO. ]:;4 hereinahove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon aocepted said bid and did award a contract to said SULLY-IULLER CONTRACTING COMPANY for furnishing 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, 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 , which said contract was duly 14th day of February made and entered into on the 19...21....; and WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, 1n strict accordance with the specif1cations, plans, drawings, of said public 1mprovement as specified in the notice inviting sealed proposals and 1n the detail, design, plans, profiles, drawings and specifioations prepared by Geor~e E. Holyoke. City En~ineer , and the contract made and entered into with it by the City of Anaheimj and WHEREAS, the City Endneer has duly oertified to the oonstruotion and oompletion of said pUblio improvement hereinabove mentioned and described in acoordanoe with the plans and specifications and the oontract doouments duly made and entered into with said SULLY-MIlLER CONTRACTING COMPANY j and WHEREAS, the Oity Council finds that said oontraotor has oom- pleted said pUblic improvement hereinabove more partioularly desoribed ,- in accordance with the prOVisions of the contract and the contraot documents, and that notice of completion should be filed and payment of the balance due said oontractor 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 -2- ~. .- -- 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 specifications, plans and drawings therefor on file in the offioe of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto of said public improvement hereinabove more partioularly described and set forth, in the City of Anaheim, by said con- tractor, be, and the same is hereby, accepted, subject, neverthe- less, to 'all the terms, conditions and provisions of the contraot documents, and that the balance due said contractor for said work be paid to it thirty-five (35) days from and after final aoceptance 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, exoepting only suoh sum or sums as may lawfully be withheld in aocordance with the pro- visions of said contract and contraot documents. That aoceptance by the oontraotor 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 olaims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any aot or neg- lect 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 Oity Clerk of the Oity 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 was signed and approved by me this 26th day of March , 19 57 . ~~~~~l'tr~ "". ATTEST: , L J ~-- ~. (, / " ') .,......, . /~-e. /;%. ~~ CITY OLERK OF THE OI . or ANAHEIM -J- - STJI'E OF CALIFORNIA ) ca:nrI'Y' OF ORJ)fGl ) ss . cm or .lJllHEIM ) ".- I, DElI M. WILLIAIt3, City Clerk of the City of Anaheim, do hereby certify that the foreqoing Resolution was duly passed and adopted at a reqular meeting of the City Council of the City of Anaheim, held on the 26th day of March, 1957, by the following 'fOte of the IlIe1lIbers thereof: AYl!B1: C(ll1iCllMEX: Pearson, Fry and Wisser NOE: COUlK: II.HBN: None AlBENT: COUNCILMEN: Coons and Schutte AND 17FURTm:R CIRTIFY that the Mayor of the City of Anaheim approTed and signed said Resolution on the 26th day of March, 1957. IN WmiBS WHiREOF, I have hereunto set m;y hand and affixed. the seal of the City of Anaheim this 26th day of March, 1957. L ~. '2vJ~ CITY CLERK OF THI CITY OF ADHElX (SIAL ) ,~.-