1965-226A 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 IMPROVEMENT, TO WIT THE
IMPROVEMENT OF WESTERN AVENUE FROM APPROXI-
CITY OF ANAHEIM JOB
RESOLUTION NO. 65R -226
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 10th and 17th dates of
December 19 64 a notice inviting sealed proposals for
urnis ing t e folding:
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 Western Avenue, from approximately 562 feet
north of Teranimar Drive to Teranimar Drive, in the City of
Anaheim, consisting of excavation, including haulaway and
disposal; construction of asphalt concrete pavement and
Portland Cement Concrete curb and gutter; removal of an
irrigation line; clearing and grubbing, adjustment of
manholes to grade, 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. 917.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Dear tment
and the notice inviting sealed propose sl 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 23rd day of
December 19 64 and which said notice did st je and
dec'are t at, 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 labor needed
to execute said contract, and did state that the prevailing hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
WHEREAS, on December 23, 19 64 at the hour of
2:00 o'clock P.M., the City Clerk and the City Engineer of
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the City of Anaheim did open said sealed proposals received up
to that time for the furnishing T)f all plant, labor, services,
mIterials and equipment, nnd 11 utilities and transportation, in.-
cluding pmer, fuel and water, and performing all work necessary
to construct anii. complete, in a good and workmanlike manner, in
strict accordance with the specifications, plans and drawings there-
for on file in the Office of the City Clerk of the City of Anaheim,
the public improvement herein Love more particularly described and
set forth, in prbiic, in the icy Council Chamber in the City Hall,
Anaheim, California, and the 1ty Engineer did tabulate the result
of said sealed proposals and did make a report to the City Council
at its next regular meeting; and
1 the City Council of the City of Anaheim did, at
its next regular meeting, held on the 29th day of
Decembei at the 'Fleur of 1:30 73 7 P.M.,
consider the sealed proposals submittej 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 MILL ISDNIRACIING_COMFANY, Q
Orange_, California for the construction,
Box 432
installation aod completion of said Imuovement_o_t_Weatern Avenue,
Impaurox. 562' N. of Teranimar Dr. to Teranimar Dr., Job No. 917
hereinabove mentioned and described, w pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said SULLY7MILLER CONTRACTING COMPANY
for furnisigiaTiTIPTant, labor, ser-
vices, 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 pub-
lic 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
TEfFE
duly raga and entered into on
day of December 19,.,b4 and
WHEREAS, the said SULLY-MILLER CONTRACTING COMPANY
has furriTgEZU
vices, materiais an 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 speci-
fications, 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 the Public Works
jleepartment and the contract made and entered into
with it by the City of Anaheim; and
WHEFEAS, the Director of Public Works has duly
certified to the construction and comP of said public improve-
ment hereinabove mentioned and described, in accordance with the
plans and specifications and the contract documents duly made and
entered into with said _aULLY-MILLEB CONTRACTING—
and
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WHERFAS, the City Council finds that said contractor has
completed said public improvement hereinabove more particularly des-
cribed 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 RESOL' E') uy the City i of
the City of Anaheim that all plant, labors y ,7v
and equipment and all utilities and transportation, and. p, rl for :ance of all work necessary to construct, t ,st ai l and con
in a good and workmanlike manner, in strict accordance wit -i
specifications, plans and drawings therefor on file
of the City Clerk of the City of Anaheim together wa,.th the
appurtenances thereto., said public improvement herinaboN more
particularly described and set forth, in the City of A_ a"'en.TM h=
said contractor, be, and the same are hereby a c o
nevertheless, to all the terms, conditions ar d provisions o t
contract documents, and that the balance due said c': nt w ...5 t or f _,t
said work be paid to _It thirty-five 35' days from anll aft:,,,.
final acceptance of said work as evidenced, by the �idoptio of this
resolution, but not sooner than thirty u); day ,6 t1 r the date of
the filing of notice of completion, excepting only sq:, ,h sum or sums
as may lawfully be withheld in accordance with the provisions of
said contract, and contract documents. That. acceptance by the co'-
tractor of said payments made in accordance with sal...ft final estimate
shall operate and shall be a release to the City of Anaheim, its
officers, agents and employees from all claims and liabilities e,
the contractor for anything done or furnished 3r taith? c1i or for
anything relating to the work or any act or neglect of the amity, 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 any the City Cler r
of the City of Anaheim be, and they are hereby a,athorir;ed to execute
and file a notice of completion of said work as 1 ,y,i,w ,_b by law.
THE FOREGOING RESOLUTION is approved and sign by this
23rd day of March 19 65
ATTEST
CIT l CLERK OF THE C11 OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF AN A.ME 1 i M
(SEAL)
SS.
I, DENE M. WILLIAMS City Clerk of the ^Aity of
Anaheim, do h c :rtify tfi t tine F oregoing resolurior?, was intro-
duced and adopt.d at a regular meeti''g provided by
law of the City Council of the City of Anaheim, held o_. the _23rd___
day of March 19 65
AYES CODM tL N. Dutton, Schutte, Krein, and Chandler
NOES COUNCILMEN, None
ABSENT o COUNCILMEN' Pebley
AND I FURTHER CERTIFY that the Mayor of the City
approved and signed said resolution on the 23rd day of
19 65
IN WITNESS WHEREOF, I have hereunto set rry hand and
affixed the official seal of the City of Arrah.eim.
of March 1 65
3
his 23rd
CITY CLERK OF THE C.H F ANAHEIM
of Anaheim
March
day