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80R-044 (~ ~ ~ iRESOLUTION NO. 80R-44 A RESOLUT N OF THE CITY COUNCIL OF THE CITY OF ANAHEIFINALLYACCEPTING THE COMPLETION AND THE F ,NISHINGOF ALL PLANT, LABOR, SER- VICES, MA RIALS ANiD EQUIPMENT AND ALL UTIL- ITIES ANDRANSPORTATION INCLUDING POWER, FUEL AND 'TER, AND THE PERFORMANCE OF ALL WORK NECE ARY TO CONSTRUCT AND COMPLETE THE FOLLOWING 'UBLIC IMPROVEMENT, TO WIT: I VAN BUREN~~TREET S~REET IMPROVEMENT, 1120' N/O CORON .,0 STREE'I! TO 32' S/O CORONADO STREET, I 'THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-63 ,5-3240. ! i ~l ~ , WHEREAS, t~. City Council of the City of Anaheim did cause to be publishe.. in a newspaper of general circulation pP1nted, pub11shed a. circul.ted in the Ci, tyof Anaheim, to wit: The Anaheim. Bulletin on the 31st dav of .ear a~d 7~h dav of, :. J~~ '.' , ,19~, a notice inviting sealed p posals for fUrniS~[ng the followIng: All plant, labo~. services, materials and equipment, and all utilitir~ and tr~nsportation, including power, fuel and water, ~nd performing all work necessary to constpuct and c tnplete in a good and workmanlike man- ner, in strict pcordance with the specifications, plans and drawi ~s therefor on file in the Office of the City Engine r or City Clerk of the City of Anaheim, the following p blic improvement, to wit: Van Buren Stree~ street improvement, 1120' N/o Coronado Street to 32' So Coronado Street, in the City of Anaheim, consis lng of clearing and grubbing; excava- tion; construct on of asphalt concrete over base mater- ial; constructi n of P.C.C. curb, gutter, apron, cross gutter, drive aproach and access ramps; relocation of signs; adjustme :t of manhole; and all appurtenant work as shown on the, plans and delineated in the specifica- tions on file i~ the Office of the City Engineer, , Account No. 12-~93-6325-3240, r"~",\ I .~ specifica- , notice ATT-40 -1- ("!, ~ ~ specified that seale. proposals as specified in said notice would be received up!until 1.PO o'clock P.H. of the 21st._ day of June " 19 ~ , and which said notice-ara- state anc ec are t, t, pursuant to the provisions of Section 1770 of the Labor Co e, the City Council of the City of Anaheirri had ascertained the, revailing rate of w~gcs for each type of labor needed to exec te said contract, and did state that the prevailing hourly wa e scale so ascertained was on file in the Office of the City C erk; and WHEREAS, on , 19~, at the hour of 2:00 o'clock P.M arid th~ty Engineer of the City of Anahe rt1 did open said sealed proposals recei v(.d up to that time for he furnishing of all plant, labor, services, materials and equipm nt, and all utilities and transportation, including power, fue and water, and 'performing all work nec('ssary to construct and com lete, in a good and workmanlike manner, in strict accordance wi h the specifications, plans and drawings therefor on file in he Office of the City Clerk of the City of Anaheim, the public 'mprovement hereinabove more particularly described and set fo~th, in public, in the City Council Chamber in the City Hall, An heim, California, and th~ City Engineer did tabulate the result ,f said sealed proposals and did make a report to the City Council ~t itss~~~XI~~I~~~I~tregular meeting; and WHEREAS the 'qity CouQcil of the City of Anaheim did, at its tregular meeting, held on the 3rd day of July, 979 , at the hour of 1:3Q o'clock P.M., consider the sealed opo~als submitted for furnishing the materials and perfor ~ng the work hereinabove more particularly described and set foh, and did thereupon find and determine that the sealed prop 9al submitted by SULLY-MILLER CONTRACTING_ CO PANY Post Office ox 432 Oran e Californ'a 9 or the construction,\ insta ation and comple~ion 0 said j~' :~~e~o~~~:~~ ~~~~:~.i~~r~~:m~~~; ~~2~~a~~~m~0~~~~~~tS~~~et to 1~-7ql-~l2~-324n I , hereinabove mentioned and described, was the lo~est responsible proposal submitted there- for, and thereupon ac~ePted said bid and did award a contract to said contractor fo furnishing all plant, labor, services, materials and equipme,t and all utilities and transportation, including power, fuell and water, and performing all work neces- sary to construct and! complete, in a good and workmanlike man- ner, in strict accord~nce with the specifications, plans and drawings, the said pu lic improvement as specified in said notice inviting seale proposals, and did authorize the Mayor and the City Clerk of: the City of Anaheim to execute a contract for and on behalf of ~he City of Anaheim with said contractor, which said contract w_s duly made and entered into on the 6th day of July' , 1911.-.; and WHEREAS, the i'aid contractor has furnished all plant, labor; services, mate 1,'a18 and equipment and all utilities and transportation, and p rformed all work necessary for the con- struction and complet, on, in a good and workmanlike manner, in ,.....-...", --. /...--..., ",""""" -2- ATT-.40 ~ "I (~ r ~. strict accordance Wit" " the specifications, plans and drawings of said public impro ., ent as specified in the notice inviting sealed proposals andn the detailed designs, plans, drawings and specifications p pared by the Public Works Department : , and the contract made and entered into with sai~ contractor by the City of Anaheim: and WHEREAS, ti Public Works Executive Director has duly certified t, ..,the consltruction and completion of said public improvement h .einabove mentioned and described, in accordance with therans and specifications and the contract documents duly made d entered into with said contractor: and WHEREAS, t has completed said p larly described in a tract and the contra should be filed and authorized in accord City Council finds that said contractor lic improvement hereinabove more particu- ordance with the provisions of the con- documents, and that notice of completion ent of the balance due said contractor ce with the contract documents. NOW, THERE RE, BE IT RESOLVED by the City Council of the City of Anaheim at all plant, labor, services, materials and equipment and all utilities and transportation, and the per- formance of all workecessary to construct, install and com- plete in a good and rkmanli](e manner, in strict accordance with the specificati s, plans and drawings therefor on file in the Office of the Ci Clerk o,f the City of Anaheim, together with the appurtenanc thereto, said public improvement herein- above more particula y described and set forth, in the City of Anaheim, by said con actor, be, and the same are hereby, accepted subject, neverthelessl, to all the terms, conditions and provi- sions of the contrac~documents, and that the balance due said .contractor for saidrk be paid to said contractor thirty-five (35) days from and afer final acceptance of said work as evi- denced by the adoPti~ of this resolution, but not sooner than . thirty (30) days aft!' the date of the filing of notice of com- pletion, excepting 0 y such sum or sums as may lawfully be withheld in accordan, with the provisions of said contract and contract documents. ~hat acceptance by the contractor of said payments made in acco~dance with said final estimate shall op~r- ate and shall be a rej1ease to the City of Anaheim, its officers, agents and emPloyeeS:from all claims and liabilities due the contractor for anythig done or furnished or withheld or for any- thing relating to th . work or any act or neglect of the City, its officers, agents and ~ployees, excepting only claims against the City for amounts ~ithheld by the City at the time of such payment. ~ AND BE IT iRTHER RESOLVED that the Mayor be, and he is hereby, authorize " to execute and file a notice of completion of said work as requ.ed by law. -3- ATT-40 THE FOREGP[NG RESOLUTION is approved and adopted by the City Counciljof the City of Anaheim this 29th day of .Janna ry , 191JiO.. r\ ,,', ,~, t~'~.. ;~"-:..,; .; ,; .. T . . . - l' . ATTEST: Ifm i"""\ 1,';\1, ,'''' .' T. ~f ~ , .,~ J~ I ~... "~ -. 'Gi~' ~ ~j /"1 , "i! ,f f ! ~ ! I I f ! I ! ~ i f , t ! i ,""""" --,., ) STA'l'I OF c.AtIFqRNIA ) COUNtY OF ORANGE ) ss CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City t1erk of the City of Anaheim, do hereby certify that the foregoing Resolution N . 80R-44 wa,. S intro,duC,ed and adoP"te,d a', t a regular meeting provided by law, 0 the City Council of the City of Anaheim held on the 29th day of January, 1 80, by the fo11owinivote of the member,' thereof: I ~ . I ;.j ! AYES: COUNCIL MEMBERS: iOverho1t, Kaywood, Bay, Roth and SeymauX' NOES: , COUNCIL MEMBERS: IRone COUNCIL MEMBERS: iWone I ABSENT: AND I FURTHER CERTIFY that I the Mayor of the City of Anaheim signed said Resolution No. 80R-44 on tte 29th day of January, 1980. ! IN WITNESS WHEREOF, I havelhereunto set my hand and affixed the seal of the City of Anaheim this 29th fay of January, 1980. "') ~~.)~J CITYI.k. OF THE C TY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City ~lerk of the City of Anaheim, do hereby certify that the foregoing is the origi a1 of Resolution No. 80R-44 duly passed and adopted by the Anaheim City Counci on January 29, 1980. ~ A.~~~ CI TY CLERK ") J -'i I