1976-201i
RESOLUTION NO. 76R.- 201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTILI-
TIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK,
NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
WEBSTER AVENUE STREET IMPROVEMENT, S/0 ORANGE
AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 765-A.
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 11th and 18th -days of
December , 197 , 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:
Webster Avenue street improvement, from Orange
Avenue to 2601 S/o Orange Avenue, in the City of
Anaheim, consisting of clearing and grubbing,
excavation, construction of cross gutter and
spandrel,-A.C. pavement and redwood header and
appurtenant work in accordance with the plans and
specifications on file in the Office of the City
Engineer, Work Order No. 765-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Department of Public Works
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'clock P.M. of the 31st
day of December , 1975 and which said notice 90
state and decigre 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 December 31 19 75 , at the hour
-
of 2:00 ®'clock P.M., the City Clerk and tNe7 City Engineer
of the City of Anaheim did open said sealed proposals received
up to that time for the furnishing of all plant, labor, servi-
ces, materials and equipment, and all utilities and transporta-
tion, 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.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, held on the 6th day
of January =76 , at the hour of 1:30. o'clock P.M.,
conFL:der thesealed proposals submitted for -Yu-r-n-il-shing 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
CQIMANY. P. 0. Box 432. Orange, California. 266 .
for the construction,installation and completion of saI3
7
�NTebster .venue Street-IERrovement, South of Orange Avenue.
4-n i-kn P4# -sr ^-F A"nkm4m Tffm-l- n?-rlav Mn 7A'; -A
hereinabove mentioned
escrI5 was the lowest responsible proposal submitted the-
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 and complete, in a good and workmanlike man-
ner, 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 said contractor,
which said contract was duly made and entered into on the 9th
day of 'January , 1976 ; 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 con-
struction 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 proposals and in the detailed designs, plans, drawings
and specifications prepared by the Department of Public Works
an the contract ma e and
entersintowitsay by the City.of Anaheim; and
h
WHEREAS, the Director of Public Works ? iaM
has duly certified to trie construction and completion o
public improvement hereinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into *ith said contractor; and
-2-
WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with the provisions of the con-
tract and the contract documents, and that notice of completion
should be filed and payment of the balance due said contract' -or
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 per-
formance of all work necessary to construct, install and com-
plete 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 herein-
above 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 provi-
sions 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 evi-
dence by the adoption of this resolution, but not sooner than
thirty (30) days after the date of the filing of notice of com-
pletion, excepting only such sum or suns 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 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 20th day of—
19 76
ATTEST:
4-Y
CITY CLERK OF THE CI TT OF ANAHEfM
STATE OF CALIFOPd4IA
COUNTY OF 0RA14GE
CITY OF ANAHEIM
I, ALOINIA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 76R-201 eras intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheirnr6 held on the 20th day of April, 1976,
by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaniood, 'Kott, Roth and Thom
NOES: COUNCIL 11EMBERS: None
ABSENT: COUNCIL 14 -EMBERS: Seymour
AND I FUT91-IER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 76R-201 on the 20th day of
April, 1976.
IN VaTN ESS VIIIERIEOr, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 20th day of April, 1976.
CITY CLEF-". OF THE CITY OF AINAHEIM
(SEAL)
I, ALOHA M. FOUGARDO City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution dYo.
76R-201 duly passed and adopted by the ^naheim City Council on
April 20, 1976.
City Clerk