1953-2120RESOLUTION NO. 2120
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE
FURNISHING OF ALL PLANT LABOR, SERVICES,
I4ATERIALS AND EQUIPMENT AND ALL UTILITIES
AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND PERFORMING ALL WORK NECESSARY
TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEI.IENT: The pavin of East Santa
Street from Olive to Oran e Street in the
City of Anaheim.
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 12th day of December and
the a lu4 day of December 1952, a notice inviting
sealed proposals for furnishing the following:
All plant labor, services, materials and equipment,
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 specificat—
ions, plans and drawings therefor on file in the
office of the City Clerk of the City of Anaheim, of
a public improvement to wit: The East Santa Ana
Street Improvement consisting of paving of East
Santa Ana Street from Olive Street to Orange Street
in the City of Anaheim, Orange County, California,
including appurtenant work.
in accordance with the designs, plans, profiles and specifications
prepared by George E. Holyoke, City Engineer and
the notice inviting sealed proposals, which said notice specified
that sealed proposals as specified in said notice would be received
up until 8:00 o'clock P.M. of the 23rd day of December
192, and which said notice did state and declare that, pursuant
'co 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 execute said contract
and did set forth the prevailing hourly wage scale so ascertained;
and
WHEREAS, at a regular meeting of the City Council held on
the23rd day of December 195 at the hour of
8:00 o'clock P.M. of said date, said City Council did hold a public
hearing for the purpose of opening sealed proposals received up
to that time, for 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, of
the public improvement hereinabove more particularly described and
set forth; and
WHEREAS, the City Council did thereupon refer said bids
to the City Engineer for examination, tabulation and report to the
City Council, and said City Engineer did thereupon examine and
tabulate said sealed proposals and report the result of his tabu-
lation to the City Council; and
WHEREAS, the City Council did meet in regular session on
the 2 3rd day of December 19 5 at the hour of
8:00 o'clock P.M. to consider the sealed proposals submitted for
furnishing materials and performing the work hereinabove more
particularly described and set forth, and the City Engineer of the
City of Anaheim did thereupon make his report and submit his tabu-
lation of said sealed proposals, and the City Council did thereupon
find and determine that the sealed proposal submitted by
SULLY. MILLER CONTRACTING COMPANY, P. 0. Box 432, Orange, California
for the construction, installation and
completion of said paving of East Santa Ana Street from Olive
to Orange Street Ananeim.
M
hereinabove mentioned and described was the lowest responsible
proposals submitted therefor, and thereupon accepted said bid and
did award a contract to said SULLY MILLER 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
Is 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 CO�AN ,which said contract was duly
made and entered into on the 16th day of January 1953
an d
WHETREAS, the said SULLY- MILLER CONTRACTING COMPhaYs fur-
nished 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 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, pro-
files, drawings and specifications prepared by a„,nrga R. Hnlynke,
City Engineer and the contract made and entered
into with him by the City of Anaheim; and
WHEREAS, the City Engineer has duly certified to the
construction and completion of said public improvement hereinabove
mentioned and described in accordance with the plans and specifica-
tions and the contract documents duly made and entered into with
said SULLY MILLER CONTRACTING COMPANY and
WHEREAS, the City Council finds that said contractor has
completed aaid public improvement hereinabove more particularly
te7cri.bed in accordance with the provisions of the contract and
the contract documents, and that notice of completion should be
filed and payment of the balance due said contractor 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 and all utilities and transportation and the performance
of all work necessary to construct, instal]_ 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 together with the appurenances thereto of
said public improvement hereinabove more particularly described
and set forth, in the City of Anaheim, by said contractor, be, and
the same is hereby accepted, subject, hevertheless, to all the
terms, conditions and provisions of the contract documents, and
that the balance due said contractor for said work be paid to him
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 with-
held in accordance with the provisions of said contract and contract
documents. That acceptance by the contractors 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 neglect 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 City
clerk of the City of Anaheim be, and they are hereby, authorized
co execute and file a notice of completion of said work as required
by law.
ATTEST:
THE FOREGOING RESOLUTION was signed and approved by me
this Jock day of March
19 53.
R F THL CIT 0 A4AHEI
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meeting of the City Council of the City of Anaheim, held on the _1Qth.day of Marche 1953__,
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CITY OF ANAHEIM
204 E. CENTER ST.
ANAHEIM. CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the
foregoing resolution was passed and adopted at a Regular
by the following vote of the members thereof:
AYES: COUNCILMEN: Pearson., Wisser, Boney and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Eeying•
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed
said resolution on the youth.___day of March 19 53
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City
of Anaheim this lath day of March 19 53
(SEAL)
City Clerk of th
y
Anaheim.
January
NOTICE OF COMPLETION OF PUBLIC
IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN that the City of Anaheim of
Orange County, California, has caused a public improvement, to wit:
The East Santa An Street iaprore neat consisting
of paring of East Santa Ana Street from Olive to
Orange Street in the city of Anaheim.
to be constructed upon the property hereinafter described. The
contract for 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, for
the construction, installation and completion of the above described
public improvement and work was heretofore made and entered into
SULLE-MILLIR CONTRACTING COMPANY
with
on the th day of
19 5 and filed for record in the office of the
City Clerk of the City of Anaheim; that the work upon said public
improvement was actually completed on the 9 day of
March 19 and that the City Engineer has notified
the City Council that he has made and completed a final inspection
of the materials furnished and installed and the work performed in
-1-
the construction, installation and completion of said public im-
provement hereinabove more particularly described and set forth and
has certified in writing to the City Council that all of the pro-
visions of the contract and contract documents for the furnishing
of all plant, labor, services, materials and equipment, and the
performing of all work necessary for the construction, installation
and completion of said public improvement above described have been
fully complied with to his satisfaction as required by the contract
documents; that final acceptance of the construction, installation
and completion of said public improvement above described was made
on the 10th day of Groh 19 3 that
the nature of the title to said property of said City of Anaheim
is as follows, that is to say, it owns said public improvement in
fee except the right of-way upon which it is constructed, and that
it owns an easement upon, over and along said right -of --way for
the purpose of the construction, installation and completion of
said public improvement hereinabove described and the use thereof
after said completion; that the property hereinabove referred to
and on which said public improvement is situated is described as
follows, to wit:
Bart Banta Ana street fro Olive to
Street to the City of Anablia.
DATED: This day of Baroh 19
CITY OF ANAHEIM
C
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
ss,
COUNTY OF ORANGE
On the day of Mardi lg 3
before
me, the undersigned, a notary public in and for said County and
O
State, personally appeared harl s A. Po/Arson
known to me to be the Mayor of the City of Anaheim, and
Charles X. Griffith known to me to be the City Clerk
of the City of Anaheim, known to me to be the persons whose names
are subscribed to the within instrument and who acknowledged to me
that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for said
County and State,