87-309RESOLUTION NO. 87R-309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A
CERTAIN PUBLIC WORK. (SULLY-MILLER CONTRACTING
COMPANY)
WHEREAS, the City Council of the City of Anaheim did
cause to be published in the Anaheim Bulletin on the Publication
Dates set forth in Exhibit A, a notice which: invited sealed
proposals for the public work (ProJect) as described in Exhibit A
in accordance with the designs, plans, profiles and specifications
prepared by the Public Works Department; declared that said
proposals would be received up until 2:00 o'clock P.M. on the Bid
Opening Date set forth in Exhibit A; stated 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 Project; and stated
that the prevailing hourly wage scale so ascertained was on file
in the Office of the City Clerk; and
WHEREAS, on the Bid Opening Date 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 Project
hereinabove more particularly described and set forth, in public,
in the City Council Chamber in the City Hall, Anaheim, California,
and tile City Engineer did tabulate the result of said sealed
proposals 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
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 the Lowest and Best Responsible
Bidder set forth in Exhibit A for the construction, installation
and completion of said Project hereinabove mentioned and
described, was the lowest and best 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 specifications, plans and drawings, the
said Project 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; 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
construction and completion, in a good and workmanlike manner, in
strict accordance with the specifications, plans and drawings of
said Project as specified in the notice inviting sealed proposals
and in the detailed designs, plans, drawings and specifications
prepared by the Public Works Department, and the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the City Engineer has duly certified to the
construction and completion of said Project 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 Project 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
performance of all work necessary to construct, install 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, together with
the appurtenances thereto, said Project hereinabove 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 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 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 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 only claims against the City for amounts withheld by the
City at the time of such payment.
BE IT FURTHER RESOLVED that the Mayor be, and he is
hereby, authorized to execute completion of said work as required
by law.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby, directed to cause said Notice of Completion to be recorded
in the Office of the County Recorder within ten (10) days of the
date of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim th~21s~ d~f 3~ly~ 1987.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
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070987
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-309 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 July, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-309 on the 21st day of July, 1987.
IN WI1NESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 21st day of July, 1987.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-309 duly passed and
adopted by the Anaheim City Council on July 21, 1987.
CITY CLERK
EXHIBIT A
PROJECT:
Gilbert Street Street Improvement W/s 800' N/o to 200' N/o Lincoln
Avenue irt the City of Anaheim consisting of clearing and grubbing;
excavation; construction of asphalt pavement; construction of P.C.C.
curb, gutter, sidewalk; and drive approach; construction of masonry
retaining wall including concrete footing; relocation of fences;
adjustment of water meter boxes to grade; and all appurtenant work
as shown on the plans and delineated in the specifications on file
in the office of the City Engineer, Account Nos. 17-792-6325-E2320
and 51-484-6993-00710, 52-606-6329-07514.
LOWEST AND BEST RESPONSIBLE BIDDER: SULLY-MILLER CONTRACTING COMPANY
6145 SANTIAGO CANYON ROAD
ORANGE, CALIFORNIA 92669
PUBLICATION DATES:
February 12, 1987 & February 19, 1987
BID OPENING DATE:
March 5, 1987
PREVAILING WAGE RATE RESOLUTION NO: 86R-47
AWARD DATE:
March 24, 1987
AWARD RESOLUTION NO:
87R-91
CONTRACT PRICE:
FORTY THOUSAND ONE HUNDRED SEVENTY
DOLLARS ($40,170.00)
CONTRACT COMPLETION DAYS:
Twenty (20)
LIQUIDATED DAMAGES:
ONE HUNDRED DOLLARS ($100.00) PER DAY
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