83R-447
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-447 was introduced and adopted at a regular
meeting provided by law, of ~he City Council of the City of Anaheim held on
the 22nd day of November, 1983, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: Ndne
ABSENT: COUNCIL MEMBERS: NQne
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-447 on the 22nd day of November, 1983.
IN WITNESS WHEREOF, I have h$reunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of November, 1983.
~ ~J~r~
CITY CLE~ OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby ce'rtify that
the foregoing is the origina~ of Resolution No. 83R-447 duly passed and.
adopted by the Anaheim City Council on November 22, 1983.
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CITY CLERK
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RESOLUTION NO. 83R-447
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FIN~LLY ACCEPTING THE COMPLETION AND
THE FURNISH~NG OF ALL PLANT, LABOR, SERVICES,
MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTAT~ON INCLUDING POWER, FUEL AND WATER,
AND THE PERIORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT, TO WIT:
ROMNEYA DRI~E STREET IMPROVEMENT, WEST OF
HARBOR BOUL~VARD, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 25-793-6325-E366n
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
published and circul~ted in the City of Anaheim, to wit: The
Anaheim Bulletin, on the 23rd and 30th days of June, 1983, 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 Office of the City Engineer or
City Clerk of the City of Anaheim, the fOllowing public
improvement, to wit:
Romneya Drive street improvement, 440' W/o to 1040' W/o
Harbor Boulevard, in the City of Anaheim, consisting of
clearing and grubbbing, excavation, the construction of
P.C.C. driveways and A.C. pavement, the adjustment of
water valves, meter boxes and manhole covers to grade,
reseeding lawns, and appurtenant work in accordance with
the plans and delineated in the specifications on file in
the office of the City Engineer, Account No.
25-793-6325-E3660,
in accordance with the designs, plans, profiles and specifications
prepared by the Public Works Department, and the notice inviting
sealed proposals, which said notice specified that sealed propo-
sals as specified in said notice would be received up until 2:00
o'clock P.M. on the 7th day of July, 1983, 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 state that the pre-
vailing hourly wage scale so ascertained was on file in the Office
of the City Clerk; and
WHEREAS, on the 7th day of July, 1983, at the hour of
2:00 o'clock P.M., the City Clerk and the City 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, and performing all work necessary to con-
struct and complete, in a good and workmanlike manner, in strict
accordance with the $pecifications, plans and drawings therefor on
file in the Office of the City Clerk of the City of Anaheim, the
public improvement hereinabove more particularly described and set
forth, in public, in the City Council Chamber in the City Hall,
Anaheim, California, and the City Engineer did tabulate the result
of said sealed propo$als and did make a report to the City Council
at a meeting held no later than thirty (30) days after the bids
were opened; and
WHEREAS, the City Council of the City of Anaheim did, at
a subsequent regular or adjourned regular meeting, held on the
26th day of July, 1983, at the hour of 1:30 o'clock P.M., consider
the sealed proposals submitted 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-MILLER CONTRACTING COMPANY, P. O. Box
432, Orange, California 92666-0432 for the construction, instal-
lation and completion of said Romneya Drive street improvement,
west of Harbor Boulevard, in the City of Anaheim, Account No.
25-793-6325-E3660 hereinabove mentioned and described, was the
lowest responsible proposal submitted therefor, and thereupon
accepted said bid and did award a contract to said contractor 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 speci-
fications, plans and drawings, the said public improvement as
specified in said notice inviting sealed proposals, and did auth-
orize 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
said contractor, which said contract was duly made and entered
into on the 8th day of September, 1983; and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and performed all work necessary for the construc-
tion 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 pro-
posals and in the detailed designs, plans, drawings and specifica-
tions prepared by the Public Works Department, and the contract
made and entered into with said contractor by the City of Anaheim;
and
-2-
WHEREAS, the Public Works Executive Director has duly
certified to the construction and completion of said public
improvement hereinabove mentioned and described, in accordance
with the plans and ~ecifications and the contract documents duly
made and entered into with said contractor; and
WHEREAS, tne 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
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 perform-
ance of all work necessary to construct, install and complete in a
good and workmanlike manner, in strict accordance with the speci-
fications, plans and drawings therefor on file in the Office of
the City Clerk of the City of Anaheim, together with the appurten-
ances thereto, said public improvement hereinabove more particu-
larly described and set forth, in the City of Anaheim, by said
contractor, be, and ,the same are hereby, accepted subject, never-
theless, to all the terms, conditions and provisions of the
contract documents, and that the balance due said contractor for
said work be paid to said contractor 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 su~s as may lawfully be withheld in accordance
with the provisions of said contract and contract documents. That
acceptance by the contractor of said payments m~de 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 o,nly claims against the City for amounts withheld by the
City at the time of such payment.
AND BE IT FURTHER RESOLVED that the Mayor be, and he is
hereby, authorized to execute and file a notice of completion of
said work as required by law.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 22nd day of November,
1983.
/j-
MA~~~
ATTEST:
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CITY tLERK OF THE ITY OF ANAHEIM
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