1973-412
RESOLtrI'ION NO.
73R-412
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A RESOLtrI'ION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIr1 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 EMPIRE STREET STREET H1PROVEMENT FROM
APPROXIMATELY 703 FEET SOUTH OF TO APPROXI-
MATELY 9S3 FEET SOUTH OF BALL ROAD, IN THE
CITY OF ANAHEIM, WORK ORDER NO. G8S-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 28th day of June and the 5th
day of July , 197~ , a notice inviting 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 Empire Street street improvement from approximately
703 feet south of to approximately 953 feet south of
Ball Road, in the City of Anaheim, consisting of
excavation, construction of P.C.C. curb and gutter,
sidewalk, drive approaches, asphalt concrete; and appur-
tenant work as more particularly set forth and delinea-
ted in the specifications on file in the Office of the
City Clerk or City Engineer, Work Order G8S-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Departm~nt
and the notice inviting sealed proposals, wh~ch said notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 12th day of
July , 19 73 , 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 l~b~r needed
to execute said contract, and did state that the preva~l~ng hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS. on __ July 12 , 19 :!~, ,,:it the hour of
~: 00 _ 0' clock P. M" the Cl ty Clerk and t,he C1*'.y Engineer of
the CIty of Anaheim di.d open sa1.d sealed proposals rece"~ved up
to that t~me for t.he furnish~ng of all plant, labor, serVI ces.
materials and equIpment, and all utlllties and transportat 1 or: ,
including power, fuel and water, and performing all work neces.-
sary to construct and complete, "l.n a good and workmanlike manner.
~n strict accordance wIth the speclflcation&, plans and drawings
therefor on file ~n the Off~ce of the City Clerk of the eny of
Anaheim, the public ~mprovement here~"nabove more particuVir "y
described and set forth, in public, in the City CouncIl Chamber
in the City Hall, Anaheim, California, and the City Englneer d:d
tabulate the result of said sealed proposals and dId make a
report to the Ci ty Council at its next - - - - - - - regu lar
meet~ng; and
WHEREAS, the C.lty Council of the City of Anaheim did,
at its next - - - - - - - - regular meet1ng, held on the 17th
day of . July , 19 73 , at the hour of 1: 30 0 clock
P.M., 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 COMPANY,
P. O. Box 432~ Orange, California 92667
for the construction, 1nstallation and completion of said Empire St.
street improvement from approx. 703 ft. S. of to approx. 953 ft. S.
of Ball Rd., Anaheim, W. O. No. 68S-A hereinabove mentJoned
~d described, was the lowest responsible proposal submitted
t,herefor, and thereupon accepted said bid and did award a contract
to sald SULLY-MILLER CONTRACTING COMPANY
for furnish~ng all plant, labor,
serv~ces, 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 strict accordanCe with the specifications, plans and
drawings, the said public improvement as specified in said not~ce
inviting sealed proposals, and did author1ze 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 sald
contract was duly made and entered into on the 19th day of
July , 19~; and
WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY
has furnished all 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 t~e Public Work~ Dep~tment
, and t e contract ma e an 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 completion of sa1d
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-MILLER CONTRACTING
COMPANY ; and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particjjH'
larly described in accordance with the prov1sions of the contr~cL
and the contract documents, and that not1ce of completion should
be filed and payment of the balance due said contractor authorLzed
1n accordance with the contract documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materiais
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 specificat1ons, 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 V1th"
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED tmat the r.layol.~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
th1s 18th day of September , 1973
( / )"-r-Ir-. .
~~( _ /' \S) "X..h' L~\./
OR OF THE CITY OF ANAHEIM
ATTEST:
OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-4l2 was
passed and adopted at a regular meeting of the City Council held
on the 18th day of September , 19-1.1.., by the following
vote of the members thereof:
AYES: COUNClhMEN:
Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN:
Stephenso n
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Reso~ution on the 18th day of
Sepember , 19.B-
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 18th day of
September , 19 73
~ /x, 1)~
CIT 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-4l2 duly passed and adopted by the Anaheim City Council on
September 18, 1973.
L )r,j)~
City Clerk
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