78-548
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RESOLUTION NO. 78R-5~8_
A RESOl.UTIOn, OF THE CITY COlmc II... OF TilE CITY
OF ANAHEU1 F I NALLY ACCEPTING THE r~ot1PLETION
AND THE Ft!R::tSHING OF ALL PLANT 1.AHOR, SER-
VICES, HATEk~" ALS AND EQUIPMENT !\~m ^LL UTILI-
TIES AND TRA ,SPORTATION INCLUDHH; POWER, FUEL
AND WATER, A D THE PERFOlU1ANCE 01" ALL WORK
NECESSARY TOir.OHSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC I~lPfWVEMENT, TO WIT:
CIVIC CENTE~PARKING LOT, W/O PHILADELPHIA
STREET, S/OINCOLN AVENUE, IN THE CITY OF
ANAHEIM, ACUNT NO. 10-4309-984-12-0000,
(1977.-1978) ~ND 48-984-6325-90100 (1978-~979).
WHEREAS, the iCity Council of the City ()f Anahcir:l djd
C,auae to be PUbliShe; in a newspaper of general circulati0o.
printed, publiRhed a 4 circulated in the City of Anaheim, to
wit: The Anaheim Bu,letin, on the 29th~_of Dec~er,_1971L
an. the 5t1L_day _Qf Jctn~a!y', 197.8 ,a notice inviting sealed
~.roposals Ior furnISlfIng the follOwing:
All plant, labor. sprvices, materials and equipment, and
all utilities an4 transportation, including power, fuel
and water, and p~rforming all work necessary to construct
and cotQPlete in 4. good and workmanlike manner, in strict
accordance with ~he specifications. plans' and drawings
therefor on file 'in the Office of the City EnginGer or
City Clerk of th~ City of Anaheim, the following public
improvement, to wit:
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Civic Center Par~ing Lot, W/o Philadelphia Street,
S/o Lin, coIn Aveni' e, in the City of Anaheim, consisting
of c1earing and rubbingJ p1acement of 1oca1 borrow
and import borro , construction of P.C.C. curb and
sidewalk 1 constrtction of asphalt concrete1 placement
of select fill, nstal1ation of impermeable membrane,
P.C.C. bumper bl~cks, and hapdicapped parking signs,
construction of !rrigation system; installation of
landscaping; pai*ting of parking lot striping; and all
appurtenant work as shown on the plans and delineated
in the specifica~ions on file in the Office of the
City Engineer, A.count No. 10-4309-984-12-0000,
(1977-1978) and 48-984-6325-90100 (1978-1979),
in accordance with tije designs, plans, profiles and specifica-
tions prepared by rtit P~ltC wo;ks Derartmen~_
and the notice inv~tmg sea eel proposa s, whICh said notice
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specified that sealed proposals as specified in said notice
would be received up until 2:00 o'clock P.M. of the a2ar-
day of .~nlfar::y. ,l9~, and which said notice i
state and ec are 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
prevailing hourly wage scale so ascertained was on file in the
Office of the City Clerk; and
WHEREAS, on Janua~ 12 , 19 78 , at the. hour
of 2:00 o'clock P.M., the ity 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 equip~ent, and all utilities and transportation,
including power, fuel and water, and performing all work necessary
to construct and co~plete, in a good and workmanlike manner, in
strict accordance wlth 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 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 proposals and did make a report
to the City Council at its next - - - regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next - - -! regular meeting, he ld on the ~4f:;; day
of Jan~ry , 19 78 ,at the hour of 1:~0 0 cock P.M.,
consider t e sealed proposals submitted for furn1shing the
materials and perfotming the work hereinabove more particularly
described and set forth, and did thereupon find and determine
that the sealed profosal submitted by SULLY-MILLER CON~R~C~T~~
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or the constructio , insta ation an comp etion 0 said
Civic Center parki g lot, west of Philadelphia Street, south of
1nco n venue, 1n[ e C1ty 0 Ana e1m, Account No. 10-4309-
984-12-0000 (1977-l978) and 48-984-6325-90100 (1978-1979)
, hereinabove mentioned and
described; was the lowest responsible proposal sub~itted there-
for, 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 neces-
sary to construct amd complete, in a good and workmanlike man-
ner, in strict accordance with the specifications, plans and
drawings, the said iubliC improvement as specified in said
notice inviting seaed 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 said contractor,
which said contract was duly made and entered into on the 27Th
day of Janpa~ ' 19 -1JL; and
WHEREAS, th, said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and performed all work necessary for the con-
struction and completion, in a good and workmanlike manner, in
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strict accordance with the specifications, plans and drawings
of said public improvement as specified in the notice inviting
sealed proposals and in the detailed designs, plans, drawings
and specifications ptepared by the Public Works D~artment
, and the contract ma e and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the Director of P.Ub1ic Works
has duly certified tp the construction and completion of said
public improvement h~reinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into with said contractor; and
WHEREAS, the City Council finds that said contractor
has completed said p~b1ic improvement hereinabove more particu-
larly described in a~cordance with the provisions of the con-
tract and the contra~t documents, and that notice of completion
should be filed and payment of the balance due said contractor
authorized in accordhnce with the contract documents.
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NOW, THEREFO~E, BE IT RESOLVED by the ~ity Council of
the City of Anaheim ~hat all plant, labor, services, materials
and equipment and all utilities and transportation, and the per-
formance of all work necessary to construct, install and com-
plete in a good and workmanlike manner, in strict accordance
with the specificatipns, plans and drawings therefor on file in
the Office of the City Clerk of the City of Anaheim, together
with the appurtenanc~s thereto, said public improvement herein-
above more particularly described and set forth, in the City of
Anaheim, by said contractor, be, and the same are hereby accepted,
subject, nevertheles$, to all the terms, conditions and provi-
sions of the contrac~ documents, and that the balance due said
contractor for said ~ork be paid to said contractor thirty-five
(35) days from and after final acceptance of said work as evi-
dence by the adoptio~ of this resolution, but not sooner than
thirty (30) days aft~r the date of the filing of notice of com-
pletion, excepting o~ly such sum or sums as. may lawfully be
withheld in accordance with the provisions of said contract
and contract documents. That acceptance by the contractor of
said payments made in accordance with said final estimate shall
operate and shall be a release to the City of Anaheim, its offi-
cers, 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 amounts withheld by the City at the time
of such payment.
AND BE IT FU~THER 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.
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THE FOREIOING RESOLUTION is approved and adopted
by the City Counci of the City of Anaheim this 22nd day of
August , 1 71L-.
ATTEST:
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STATE OF c.u.Ii'ORNIA )
COtJlfTYiOF ottAIGB )
CITY Or ANAHEIM )
I
SSe h
,
I, LINDA D. ROBERTS, City Cl,rk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. I 78R-548 was introduced and adopted at a regular
meetina provided by law, of ~he City Council of the City of Anaheim held on
the 22nd day of August, 1978~ by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: aterholt, Kaywood, Kott; Roth and Seym&ur .
NOES: COUNCIL MEMBERS: Nqne
ABSENT: COUNCIL MEMBERS: N4ne
,
AND I FURNER CERTIFY that tije Mayor of the City of Anaheim signed said
Resolution No. 78R-548 on th; 22nd day of August, 1978.
IN WITllESS WHEREOF, I have h+reunto set my hand and affixed the seal of the
City of Anaheim this 22nd dat of August, 1978.
P/dL J~. ~~7Z:/
CITY CIJ R1C OF THE CI OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City clIrk of the City of Anaheim, do hereby certify that
the foregoing is the origina of Resolution No. 78R-548 duly passed and adopted
by the Anaheim City Council n August 22, 1978.
~~~./A9.~
IT! CLERK
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