78-651
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RESOLUTION NO. .78R::65!L
A RESOLUTIOn OF THE CITY COlmCIL OF THE CITY
OF ANAl1EH1 F I NALLY ACCEPTING THE r.m1PLETION
AND THE FU~nTSHING OF ALL PLANT 1.ABOR, SER-
VICES, HATaHIALS AND EQUIPMENT 1\,11) ALL UTILI-
TIES AND TRANSPORTATION INCLUDHi(; POWER, FUEL
AND WATER ,AND THE PERFOIU1ANCE OF ALL WORK
NECESSARY 110 r.OHSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC U1PROVEMENT, TO WIT:
PERALTA CA~ON PARK (PHASE II) PARKING
LOT CONSTRqqTION, IN T~ CITY OF ANAHEIM,
ACCOUN'l' NO.1 16-805-6'J25-9rJ30. -
WHEREAS, th,e. City Council of the City f)f Anahcir::1 did
cause to be published in a newspaper of general circulat Le'n.
printed, pubLi~hed ~nd circulated in the City of Anaheim, to
wit: The Ana~eim Bulletin, on the 30th of March and 6th of
April __ __.. ______, 19 78 , a notice inviting sealed
fJroposals tor furnisshing the following:
All plant, labor, sprvices, materials and equipment, and
all utUities alnd transportation, including power, fuel
and water, and performing all work necessary to construct
and complete Ln 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 t~e City of Anaheim, the following public
improvement, to wit:
Peralta Canyon ~ark (Phase II) parking lot
construction, ~ the City of Anaheim, consisting
of asphalt con~ete pavement and fine grading of
aggregate base ~nd any and all work as shown on
the plans and ~lineated in the specifications for
this project ~the Office of the City Engineer,
Account No. 16~805-6325~9030,
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in accordance with the designs, plans, profiles and specifica-
tions prepared by ~ Public Works DeEartment ,
and the notice invi:ting sea1ed proposals, which said notice ---
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specified that sealed proposals as specifjed in said notice
would be received up until ~:oo o'clock P.M. of the 1~t1-"
day of April , 19~, and which said notice i
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 _ A~ril ;13 , 19--18-, at the hour
of 2: 00 0 I clock P. M., t e 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 ~ its ~~xxxxxxxxxxx regular meeting; and
second subsequent
WHER~AS, the City Council of the City of Anaheim did,
at its ~~xi~~ii~V;Q~egular meeting, held on the 25th day
of April ,-r978 , at the hour of 1:30 o'clock P.M.,
consider the sealed proposals submitted for furnishing the
materials and perfo~ing the work hereinabove more particularly
described and set forth, and did thereupon find and determine
that the sealed proposal submitted by SULLY-MILLER CONTRACTI~~_
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or the construction, insta lation and comple~ion 0 said
Peralta Canyon Park (Phase II) parkin~ lot construction, in the
City of Anaheim~ Account No. l6-805-6325-9030~
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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 ~nd
day of May , 1911L-; 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
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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 prepared by the Public Works Department
, and the contract made and
entered into with said contractor by the City of Anaheim; and
WHEREAS, the Director of Public 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 be filed and payment of the balance due said contractor
authorized in accord.nce with the contract documents.
NOW, THEREFO,E, BE IT RESOLVED by the ~ity 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, insta.ll and com-
plete in a good and workmanlike manner, in strict accordance
with the specificati~ns, 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 particulatly 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 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, qgents and employees, excepting only claims
against the City for amounts withheld by the City at the time
of such payment.
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AND BE IT FUR~ER 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 FORE$OING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 3rd day of
October . 197~.
ATTEST:
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STATE iF cAt.lFORltIA )
COUIITY OF ORANGE )
CITY or ANAHEIM )
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I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 78R-65. 1 W. as. ..i. nt. rOdu... C. e....d an.d. ad..O. P. te......d.. a..t.. .a. r..e...gUlar
meetina provided by law, of he City COJlncil of.th~City Q.f Ap~.m he1,g. on
the 3rci day of October, 1978, by the folllbWit\g vote eyf the mem})e1!'~ titer~of:
AYES :
COUNCIL MEMBERS: oterholt, Kaywood, Kott, Roth and Seymour
COUNCIL MEMBERS: N~ne
NOES:
ABSENT: COUNCIL MEMBERS: N~ne
AND I FURTHER CEaTIFY that t~e Mayor of the City of Anaheim signed said
Resolution No. 78R-651 on th~ 3rd day of October, 1978.
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IN WI'.lIESS WHEREOF, I have h~reunto set my hand and affixed the seal of the
City of Anaheim this 3rd daylof October, 1978.
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CITY E OF THE CITY F ANAHEIM
(SEAL)
I, LINJ)A D. ROBERTS, City Ci't"k of the City of Anaheim, do hereby certify that
the foregoing is the origin . of Resolution No. 78R-651 duly passed and adopted
by the Anaheim City Council , n October 3, 1978.
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. ITY CLERK
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