63-0768RESOLUTION NO. 63R 768
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 THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM-
PROVEMENT, TO WIT: THE GREENACRE, VENTURA,
CRESCENT AND GILBERT STREET IMPROVEMENT, IN THE
CITY OF ANAHEIM, JOB NO. 768.
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 13th and 20th days of Jun
1963, a notice inviting 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 Greenacre, Ventura,
Crescent and Gilbert Street Improvement, in the City of Anaheim,
consisting of the improvement of Greenacre Avenue from Ventura
Street to Gilbert Street; Ventura Street from Crescent Avenue
to Greenacre Avenue; Crescent Avenue from approximately 79 feet
east of Ventura Street to approximately 535 feet east of
Ventura Street; and Gilbert Street from approximately 72 feet
south of Greenacre Avenue to approximately 180 feet south of
Greenacre Avenue, by excavation, haulaway and disposal; con
struction of 2, 3 and 4 -inch A.C. pavement, including application
of paint binder, weed killer, skin coat and fog seal coat; con-
struction of Portland Cement Concrete curb and gutter, side-
walk and cross gutter with spandrel; miscellaneous removal,
haulaway and disposal, 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, Job No. 768.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works De artment
and the notice inviting sea ed proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P. M. of the 27th day
of June 19 63 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 June 27 19 63 at the hour
of 2:00 o'clock P. M., the City Clerk and City Engineer of
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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, and 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 to the City Council at its next
regular meeting; and
WHEREAS, the City Council of to City of Anaheim did,
at its next regular meeting, held on the 2nd
day of July 19 63 at the hour of 3:00
o Po M0, consider the sealed proposals submitted for fur-
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 JLL -M_
CONTRACTING COMPANY. P, 0. Box 432, Orange,- California,
for the construction, installation and completion of said acre
Ve,tu Crescent and Gilbert St. Im•rovement Job No. 7
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 CONTRACTING COMPANY
for furnishing all plant, labor, services, 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 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 COMPANY
which said contract was duly made and entered into on the 5th
day of July 19 63 anc
WHEREAS, the said SULLY- MILLER CONTRACTING COMPANY
has furnished all plant, labor, ser-
vices, 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
detailed designs, plans, drawings, and specifications prepared
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 COMPANY
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.
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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 arrirark 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 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 Clei
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 a roved and signed by me this
24th day of September 9 3
ATTEST
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF ANAHEIM
Ie DENE M. WILLIAMS 9 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 City of Anaheim, held on the
24th day of September 9 19 63 9 by the following vote:
AYES: COUNCILMEN: Dutton, Chandler Schutte and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Krein
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 24th day of
September p 19 6
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 24th day
of September 9 1963
(SEAL)
03®