56R-3432
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RBSOLUTION l~O. 3432
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 PERFO~ING ALL WORK NECES-
SARY TO CONSTRUQfl' AJiD COMPLETE THE FOLLOWING
PUBLIC IMPROVEJmJT: THE IMPROVEMENT OF WILHELMINA
STREET, FROM THE UNION P~CIFIC RAILR~ RIGlft'-OF-
W~ TO THE FIRST ALLEY W_ST OF CLEML..!NE STREET,
P OJECT NO. 52.
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 f and 19th dUB of 4Pril.
, 1 ~6 ,a notice inviting sealed
proposals for furnishing the follOWIng:
All plant, labor, services, materials and equip-
ment, and all utilities and transportation, in-
cluding po.Ter, fuel and Hater, 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 of the City of Anaheim,
the improvement of Wilhelmina Street, from the Union
Pacific Railroad right-of-way to the first alley
west of Clementine Street, by excavation, paving
with 4-inch plant-mix, adjusting existing manholes
to grade, and appurtenant work as indicated on the
plans, Project No. 52.
in accordance with the uesigns, plans, profiles and specifications
prepared by G or E. Hol oke Cit En ineer
and the notice nv ng sea e proposa 5, w c notice spec _
fied that sealed proposals as specified in said notice would be
received up until 7:00 o'clock p.riJ. of the 24th day of
Ao~ ' 19~6 , and which said notice did state and de-
clare 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 s~ ascertained; and
on the
o'clock
hearing
to that
terials
eluding
WHEREAS, at a regular meeting of the City Council heli
2~~h day of Aurll ,1956 , at the hour of t:OO
P. . of said date, said City-nouncil did hold a pub ic
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 wo:rk necessary
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to construct anci complete, in a good. and Horkmanlike manner, in
strict accordance ~rith the; specifications, plans and draNings
.,. '",;for on file in tL'fice of the City Clerk of the City of
.- [.<.r,J"(~im, of the pUbli.A')l"ovement hereinQllove more particularly
~eBcribed and. set fortL; and
,jHEREAS, the C::..cy Coul:cil did thereupon refer said bids
to the C.\~Y Engin~~___ ___'..~:.-~ _n_ for
examination, tabulatjo_~ o.21d reporc 'co tne City Council, and said
examiRi tln*nf:gJf[te--said -seai-e-i{-pr-o-po sals and repo~~d t~~e~~~~~~
of his tabulation to the City Council; and
iiHEREAS, the City Council did meet in
regular session on the ~!!1.n.day 0(. AEiril __~.rr~, at the 1iOur
of f,: QQ 0 I clnck P. h. to consider t e sealed proposals submitted
for urnishing materials and performing the work hereinabove more
particularly described and. set forth, and theJllY_~..ill::q~~~___
of the City o-r Anaheim did
tLhereupon- make 111s--repo-rt andsubmit his tabulation of said
sealed proposals, and the City Council did thereupon find and
determine that the sealed proposal submitted by
~LY-MIL~ER CONTRACTING COMPANY , ~
for e cons ruction, installa-tion and completion of saief
~'t ~-.52~I!W'ovement of Wilhelmina Street,
ne-:fe"'1ria1iove menU-oned and' cleSCi~115"'ed was tEe-lowest -responsi''6Ie-pro-
pOBal submitted therefor, and thereupon accepted said bid and did
award a contract to said S~:I,;;MILLER CONTRACTING COMPANY
for furnishing all plant, la or, sel'vices ,-'materials 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 vrorkmanlike 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 ~ULLY-IHLLE~ COt1TBAQ1ING.JlQMP~ ' ___, ,
which said contract Was duly made and entered into on the 8th
day of l:!ay , 19~; and --
WREREAS, the said SULLY-MILLER CONTRAC'l'ING COMPANY
has furnished all plant, labor,servi'ces, materials and equip-
ment and all utilities and transportation, and performed all work
neoessary 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 detail, design,
plans, profiles, drawings and specifications prepared by
Geoff~ EJ Holyoke I C1!L EngineerL__~_.' and the contract
macr'e an entered into "rfth- them oy the 01 ty of Anaheim; and
~v'HEREAS, the _.....Q,ity EDzj,neer_____.__,
~as duly certified to the construction and completion of said
public improvement hereinabove mentioned and described in
accordance \vith the plans and specifications and the contract
documents duly made and entered into Hith said ~Y:!ULL.FJ:!:
CONTRACTING COMPANY ; and
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jHEREAS, the City Council finds that said contractor
has completeQ said public improvement hereinabove more particu-
larly described in accordance with the provisions of the contract
and the contract documents, and that notice of comuletion shOUld
be filed and payment of tho balance due said contraotor authorized
in accordance with the contract documents.
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NOW, THEREFO~L, 30 IT RESOLVED by the City Council of
the Oi ty of Anaheim that all nlant, labor, sor'vices, materials
,-,:;[1 equipment and all utjlitfes and transportation, and the per-
,- +")rmancc of all work nocessa.ry to construct, install and completo
'_il a good and workmanlike manner, in strict accordance \lTi th the
specifications, plans and dra\lrings 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 hareinabovc more
particularly describod &nd set forth, in the City of Anaheim, by
said contractor, be, anli tho samo is hereby, accepted, subject,
nevertheless, to all the terms, conditions and provisions of tho
contract documents, and that the balance due said contractor for
said work be paid to ~~e~ _ thirty-five (3S) 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 bc withheld in accordance with the pro-
visions of said contract and contract 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 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 timo of such payment.
AND BE IT FURTHER RESOLVED that tho Mayor and the City
Clerk of tho City of Anaheim be, and they arc hereby, authorizod
to exucute and file a notice of completion of said work as re-
quired by law.
TH~ FOREGOING RESOLUTION was signed and approvod by me
this 14:th day of Auguet , 19 56
ATTEST:
~
Iv~OR 0" 0 A11AHEIM
o Tern
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STATE OF CALIRlRNIA )
OOUHTY OR ORANGE ) s s
CITY OF ANAHEIM )
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby ~
certify that the foregoing Resolution wasadopted 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: COUNCILMEN: Coons, Fry, Schutte and Wisser.
NOES: OOUNCILMEN: None.
ABSENT: COUNCILMEN: Pearson.
AND I FURTHER CERTIfY that the Mayor Pro Tern of the City of Anaheim
approved and signed said Resolution on the l4th 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~J- --h - ~~A-~'~
CITY CLERK OF THE CITY OF ANAHEIM.
( SEAL )
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