1961-7263RESOLUTION NO.
7263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP
ANAHEIM FINALLY ACCEPTING THE COMFLETION AND
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 CONSTRUCT
AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT,
TO WIT: THE IMPROVEMENT OF HARBOR BOULEVARD,
FROM APPROXIMATELY 100 FEET NORTH OF MIDWAY
DRIVE TO KATELLA AVENUE, IN THE CITY OF ANAHEIM
PROJECT NO. 9.
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. 17th and 24th days of April
19 61 a notice invit nag 'sealed proposals for furnishing the
fo owing:
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 Improvement of Harbor Boulevard,
from approximately 100 feet north of Midway Drive to
Katella Avenue, in the City of Anaheim, by removal of
existing pavement, existing curb and gutter, and cross
gutter; excavation, including haulaway and disposal;
construction of Type A, B and C curb and gutter, 3 -inch
A.C. pavement over 8 -inch aggregate base, three concrete
cross gutters; sand blasting; application of a seal coat,
and appurtenant work as more particularly set forth in
the plans and specifications on file in the Office of
the City Clerk or City Engineer, Project No. 79;
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2 :00 o P.M. of the 28th day
of April 9 19 61 9 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 execute said contract and did set forth the prevailing
hourly wage scale so ascertained; and
WHEREAS, on April 28 9 19 6 at the hour
of 2 :00 oaclock P.M., the City Clerk and C ity Engineer of
the 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, a performing all work neces-
sary 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 Clerk of the
City of Anaheim, the public improvement hereinabove more parti-
cularly 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 tc) the City Council at its next
regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 2nd
o'clock P.M", consider the se e 61, at the hour ed 3:00
day of May
sled proposals submitted or r-
nishing 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 OD. 19761 Santiago Canyon Road a Cal i f orn
for .the construction, atall ation and comp le on of sa m-
_Enumains of Harbor Boulevard Pro ect No.
ere nabove mentioned and described, was the lOWSSt responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said SULLY MILLER CONTRACTING CO.
19 61 Santia•o Can on Road Ora California
or urn sh ng a. plant, abor, services, ma er a an equ p-
ment 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 OD.
which said contract was •u .y ma•e an entere• n o on •e r+
day of May 19 61 and
WHEREAS, the said SULLY MILLER CONTRACTING OD.
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, in strict accordance with the
specifications, plans, drawings, of said public improvement as
specified in the notice inviting sealed proposals and in the
detail, designs, plans, profiles, drawings and specifications pre-
pared by the Public Works Department and the
contract made and entered into with it by the City of
Anaheim; and
WHEREAS, the Director of Public Works has duly
certified to the construction and completion of said public im-
provement hereinabove mentioned and described, in accordance with
the plans and specifications and the contract documents duly made
and entered into with said SULLY MILLER CONTRACTING co.
and
WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particularly
described 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 accord-
ance with the contract documents,
-2®
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 per-
formance 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 Office
of the City Clerk of the City of Anaheim, together with the
appurtenances thereto, said public improvement hereinabove 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 contractor for
said work be paid to it thirty -five (35) days from and after
final acceptance of ii -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 con-
tractor of said payments made in accordance with said final
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 to execute
and file a notice of completion of said work as required by law.
THE FOREGOING RESOLUTION is approved and signed by me this
1' th day of October 1961
ATTEST
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
19 City Clerk of the City
of Anaheim, do hereby certify that the foregoing resolution was
introduced and adopted at a regular meeting pro-
vided by law of the City Council of the ity of Anaheim, held on the
1'4th day of October 9 1961 9 by the following vote:
AYES: COUNCILMENa Chandler, Coons, Fry, Thompson
and Schutte.
NOES: COUNCILMEN None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the loth day of
October 19 61
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 10th day
of October 9 1961
(SEAL)