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1979-485ATTY -40 RESOLUTION NO. 79R -485 A RESOLUTIfrI OF THE CITY COUNCIL OF THE CITY OF ANAUEI 1 FINALLY ACCEPTING THE '.OI1PLETION AND THE F1'R';I SUING OF ALL PLANT LABOR, SER- VICES, MATEklALS AND EQUIPMENT A.lD ALL UTILI- TIES AND TRANSPORTATION INCLUD.<0(, POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLT'TV THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: EUCLID STREET STREET AND STORM DRAIN IMPROVE- MENTS, RIVERSIDE FREEWAY TO LA PALMA AVENUE, IN THE CITY OF ANAHEIM, A.H.F.P. NO. 836, ACCOUNT NO. 13- 792 6325 -2080. WHEREAS, the City Council of the City of Anancin did cause to be published in a newspaper of general circulation, printed, pub'ished and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 3rd ,and lath _days of _A 19'0 a notice inviting sealed for furnishing the following: All plant, labor, services, materials and equipment, and all utf]ities 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 Enginr.er or City Clerk of the City of Anaheim, the following public improvement. to wit: Euclid Street street and storm drain improvements, Riverside Freeway to La Palma Avenue, in the City of Anaheim, consisting of clearing and grub- bing; excavation; construction of P.C.C. curb, gutter, sidewalk, drives, access ramps, retaining wall, sidewalk drain, and steps; construction of P.C.C. textured concrete; placement of select fill; relocation of fences; construction of fence; construction of asphalt concrete over prime coat over base material; installation of survey monuments; adjustment to grade of pull boxes and manholes; remove and salvage flag pole; construction of irrigation system; installation of landscaping; heater remix; asphalt concrete removal; placement of rejuvenating agent; relocation of signs; construction of pilaster; relocation of pipe guard rail; construction of cast iron curb face drain; sheeting; shoring and bracing; construction of traffic signal and replacement of loops; construction of sewer laterals; construction of storm drain system including reinforced concrete boxes and transitions, open channel construction, R.C.P., catch basins, manholes, removal and reconstruction of sewer lines and manholes, junction structures and brick and mortar bulkhead; and all appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Engineer, A.H.F.P. No. 836, Account No. 13- 792- 6325 -2080. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice -1- specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 24th_ day of August 19 78 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 prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on August 24 19.78 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 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/RMO subsequent regular meeting; and second WHEREA the City Council of the City of Anaheim did, at its ai regular meeting, held on the 5th day of Septemberl978 at the hour of 1.80 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. 0. Box 432, Orange, California 92667 for the construction, installation and completion of said Euclid Street Street and Storm Drain Improvements, Riverside Freeway to La Palma Ave., in the City of Anaheim, A.H.F.P. No. 836, Account 1'o- 1 3 -79 6325 -2080 hereinabove mentioned and described, was the lowest responsible proposal submitted 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 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 25th day of Sept. 1978 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 ATT-40 -2- 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 pnt1ic Works and the contract made and ente i into with said contractor by the City of Anaheim; and WHEREAS, the Director pf,.Pub is Works has duly certified to the construction and completion of said public improvement hereinabove 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 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 he 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 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- denced 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 sums as may lawfully he 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 oper- ate 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 any- thing 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 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 21st day of August 19 :a. ATTEST: /jh STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -485 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of August, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -485 on the 21st day of August, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of August, 1979. (SEAL) CITY C ERK OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -485 duly passed and adopted by the Anaheim City Council on August 21, 1979. __AI:41...e4L)) CITY CLERK