58R-4320 (13)
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RESOLUTI ON NO. 4531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, L.ABOR, SERVICES, MA-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANI>-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
ftE IMPR~~ ~F ~Si ~:aEE'I', FROM SOUTH S'f'Rl4:F.'I'
10 BALL ROAD, JOB NO. 171.
WHEREAS, the City Council of the City of Anaheim did
oause to be published in a newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to wit:
'I'he Anaheim Bulletin, on the 1h.th and 21st davs of Feh'J011A"'v ,
19~, 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 oftice of
the City Clerk or City Engineer of the City of Anaheim,
the following public improvement, to wit: The Improve-
ment of West street, from South Street to Ball Road,
consisting of excavation, removal of existing material,
paving with four inches of plant-mix paving, cr08S-
gutter construction, adjusting existing manholes to
grade, and appurtenant work, as indicated on the plans,
Job No. 171,
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in aocordanoe with the designs, plans, profiles and specifica-
tions prepared by George E. Holyoko. City Engineer
and the notice inviting sealed proposals, which said notioe speci-
fied that sealed proposals as specified in said notioe would be
reoeived up until 2:00 o'clock P.X. of the 27th day of
February , 19~, 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 ascertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
scale so ascertained; and
WHEREAS, on February 27 , 19.2L, at the hour of
o'clock P.K., the City Clerk and City Engineer of the
2:00
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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 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 adjourned regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next adjourned re~ular meeting, held on the 4th day
of Maroh . 19~. at the hour of 7:00 0' clock P.K.,
consider the sealed proposals submitted 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 by SULLY-MILLER CONTRACTIlfG COMPANY. P. O.
Box 432. Orange, California
for the construction, installation and completion of said
IMPROVEMENT OF WEST STREET. JOB NO. 171
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said SULLY-MILLER COlTTRACTDlG COMPANY
,
for furnishing all plaht. 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
speoified in said notice inviting sealed proposals. and did author-
ize 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-
l{[LLER COlTTRACTIlfG COMPANY. P. O. Box 432. Orange. Oalifornia
which said contract was duly made and entered into on the 6th
day of March . 19~; and
WHEREAS. the said SULLY-MILLER CONTRACTING OOMPAlTY
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 accordanoe with the specifications. plans, drawings, of said
public improvement as specified in the notice inviting sealed pro-
posals and in the detail, design, plans, profiles, drawings and
specifications prepared by George E. Holyoke. 01ty Eng1neer
, and the contract made and entered
into with 1 t by the City of Anaheim; and
WHEREAS, the City Engineer has duly
certified to the construction and completion of said pUblic improve-
ment hereinabove mentioned and described, in accordanoe with the
plans and speoifications and the contract documents duly made and
entered into with said SULLY-MILLER COliTRACTIlfG COMPANY
; and
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WHEREAS, the City Council finds that said contraotor has
oompleted said pUblic improvement hereinabove more particularly de-
scribed in aocordance with the prOVisions of the contraot and the
oontract documents, and that notioe of completion should be filed
and payment of the balance due said contractor authorized in accord-
ance with the contract documents.
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lOW>> 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 complete>> in a good
and workmanlike manner. in strict accordanoe with the specifica-
tions. plans and drawings therefor on file in the Office 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 contraotor,
be. and the same are hereby acoepted. subJeot. nevertheless, to all
the terms. oonditions and provisions of the oontract documents>> and
that the balanoe due said contraotor 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 thaa
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 oontract and oontraot
documents. That aoceptance 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 notioe of oompletion of said work as required
by law.
this
THE FOREGOING RESOLUTION is approv~d and signed by me
20th day of May >> 19~o
ATTEST:
L~,~~
CITY CLERK OF THE OITY OF AlAHEIM
STATE OF CALIFORNIA )
OOUn'y OF ORAJlGE ) ss.
OITY OF ANAHEIM )
I. DEllE M. WILLIAMS . City Clerk of the Oity ot
Anaheim. do hereby oertify that the foregoing resolution was intro-
duced and adopted at an llilJnu'r'n8d regular meeting provided by law
of the City Council of the ity of Anaheim. held on the 20th day
of May . 19~9 by the following vote:
(~!k;;) _~
KAYOR OF THE CITY OF AIAHEIM
AYES:
10ES:
COUNCILXEN: Pearson, Borden, Fry, Schutte and Coons
COUICILKEN: None
ABSENT: OOUNCILMEN: None
AND I FURTHER OERTIFY that the Mayor of the City of
Anaheim approved and s~ned said resolution on the 20th day of
MAy >>19 0
IN WITNESS WHEREOF. I have hereunto set my hand and affixed
the offioial seal of the City of Anaheill this 20th day of
Mav . 19~o '
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