84R-428
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RESOLUTION NO. 84R-428
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A RESOLUTOCON OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM F~NALLY ACCEPTING THE COMPLETION AND
THE FURNI~HING OF ALL PLANT, LABOR, SERVICES,
MATERIALS; AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORT~TION INCLUDING POWER, FUEL AND WATER,
AND THE P~FORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT! AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEME~, TO WIT:
NEIGHBO;e. D PRESERVATION AREA NO. 3 STREET
IMPROVEM . : ROSE STREET-CYPRESS STREET TO
LINCOLN . NUE ~ VINE STREET-CYPRESS STREET TO
LINCOLN AWENUE~ CYPRESS STREET-ROSE STREET TO
VINE STR~T, IN THE CITY OF ANAHEIM, ACCOUNT
NO. 46-79B-6325-E3820.
WHEREAS, ~he City Council of the City of Anaheim did
cause to be publis~ed in a newspaper of general circulation,
published and cir~lated in the City of Anaheim, to wit: The
Anaheim Bulletin, on the 31st day of May and the 7th day of June,
1984, inviting seajled proposals for furnishing the following:
All plant, labor, services, materials and equipment, and
all utilities land transportation, including power, fuel
and water, an~ performing all work necessary to construct
and complete i~ a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings
therefor on fVle in the Office of the City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
Neighborhood ~reservation Area No. 3 street improvement:
Rose Street-C~ress Street to Lincoln Avenue: Vine
Street-Cypres$ Street to Lincoln Avenue~ Cypress
Street-Rose S~reet to Vine Street, in the City of
Anaheim, cons~sting of construction of P.C.C. drive
approaches; h~ter-remix; rejuvenating agent; A.C.
planing: construction of asphalt concrete pavement:
adjus~men~ of manholes and water valve boxes to grade:
and all appur~enant work as shown on the plan and
delineated in the specifications on file in the office of
the City Engineer, Account No. 46-793-6325-E3820,
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in accordance with the designs, plans, profiles and specifications
prepared by the P4blic Works Department, 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. on the 21st day of June, 1984, 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
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prevailing hourly wage scale so ascertained was on file in the
Office of the City Clerk~ and
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WHEREAS, ~n the 21st day of June, 1984, 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 furni$hing of all plant, labor, services, materials
and equipment, and all utilities and transportation, including
power, fuel and water, and performing all work necessary to
construct and comp~ete, in a good and workmanlike manner, in
strict accordance with the specifications, plans and drawings
therefor on file i$ the Office of the City Clerk of the City of
Anaheim, the publi~ improvement hereinabove more particularly
described and set forth, in public, in the City Council Chamber in
the City Hall, Anabeim, California, and the 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 bid. were opened~ and
WHEREAS, ~he City Council of the City of Anaheim did, at
a subsequent regul.r or adjourned regular meeting, held on the
10th day of July, 1984, at the hour of 10:00 o'clock A.M.,
consider the seale~ 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 proposa1 submitted by Sully-Miller Contracting Company,
Post Office Box 432, Orange, California 92666-0432 for the
construction, inst.llation and completion of said Neighborhood
Preservation Area No. 3 Street Improvement Rose Street/Vine
Street/Cypress Str~et Account No. 46-793-6325-E3820 hereinabove
mentioned and desctibed, 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 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 15th day
of August, 1984; and
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WHEREAS, the said contractor has furnished all plant,
labor, services, .terials and equipment and all utilities and
transportation, a~ performed all work necessary for the
construction and cpmpletion, in a good and workmanlike manner, in
strict accordance with the specifications, plans and drawings of
said public impro~ment 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
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WHEREAS, the Public Works Executive Director has duly
certified to the construction and completion of said public
improvement herein4bove mentioned and described, in accordance
with the plans and specifications and the contract documents duly
made and entered into with said contractor~ and
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WHEREAS, the City Council finds that said contractor has
completed said pubtic improvement hereinabove more particularly
described in accordance with the provisions of the contract and
the contract docum~nts, and that notice of completion should be
filed and payment of the balance due said contractor authorized in
accordance with the contract documents.
NOW, THERiFORE, BE IT RESOLVED by the City Council of the
City of Anaheim th4t 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 qity Clerk of the City of Anaheim, together with
the appurtenances thereto, said public improvement 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 ac~eptance 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 s~ms as may lawfully be withheld in accordance
with the provisions of said contract and contract documents. That
acceptance by the ~ontractor 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.
AND BE IT FURTHER RESOLVED that the Mayor be, and he is
hereby, authorized to execute and file a no~ice of completion of
said work as requited by law.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 30th day of October, 1984.
Ad'~
MAYOR OF THE CITY OF ANAHEIM
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ATTEST:
CI~~~~AHEIM
JUhdw
(29900)
10/22/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) S8.
CITY OF ANAHEIM )
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I, ~RA N. SOHL, City Cle~ of the City of Anaheim, do hereby certify that
the focegoina Resolution No. ,*R-428 wa. introduced and adopted at a regular
meeting provided by law, of tbiedCity Cot,tncil of the City of Anaheim held on ~
the 30th day of October, 1984,' by the following vote of the members thereof: ,
AYES: COUNCIL MEMBERS: Kaywood, lay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that tije Mayor of the City of Anaheim sign~ ~!d
Resolution No. 84R-428 on the 30th day of October, 1984. .
IN WITNESS WHEREOF, I have he:neunto set my hand and affixed the seal of the
City of Anaheim this 30th day of Octobet, 1984.
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CiTY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEOHORA N. SOHL, City Cle~~ of the C~ty of Anaheim, do hereby certify that
the foregoing is the origina1 of Resolution No. 84R-428 duly passed and
adopted by the Anaheim City ~ouncil on October 30, 1984.
~"l_::;r S-O:-
CITY CLER){
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