78-463RESOLUTION NO. 78R -463
A RESOLUTIOil ��F THE CITY COUNCTL OF THE CITY
OF ANAIIEIN 1' 1 NALLY ACCEPTING TIIE ',0NPLETION
AND THE FUR°,TSI;ING OF ALL PLANT ?,AROR, SER-
VICES, MATEE\IALS AND EQUIPMENT A.1 T) ALL UTILI-
TIES AND TRANSPORTATIOiV INCLUD 1'OWEi,, FUEL
AND WATER, AND THE PERFOR11ANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLFTF THE FOLLOW -
ING PUBLIC ItIPP(iVEMENT , TO WIT:
VAN BUREN STREET STREET IMPROVEMENT, FROM
CORONADO STREET TO LA PALMA AVEENUE, IN THE
CITY OF ANAHEIM, ACCOUNT NO. 12 -4309 708 -16 -0000.
WHEREAS, the City Council of the City of Ananeim did
cause to be published in a newspaper of general circulati.c.n,
printed, published and circulated in the City of Anaheim, to
wit: The Anaacim Bulletin, on O ctober _?_7_t
November�rd -, 19 73 a notice inviting sealed
, roposa s�or furnishing the fo
All plant, labor, services, materials and equipment, and
all utilities and transportation, including power, fuel
and water, and performing all wort: necessary to construct
and complete in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings
therefor (�n file in the Office of the City Eng;in -er or
City Clerk of the City of Anaheim, the following public
improvement, to wit.:
Van Buren Street street improvement, from Coronado
Street to La Palma Avenue, in the City of Anaheim,
consisting of excavation; construction of P.C.C.
curb, curb and gutter, cross gutter and apron, and
access ramps; placement of base material and asphalt
concrete pavement installation of stop signs; and
appurtenant work in accordance with the plans and
delineated in the specifications on file in the
Office of the City Engineer, Account No.
12 -4309- 708 -16 -0000.
in accordance with the designs, plans, profiles and specifica-
tions prepared by th P wc _nAnn - tment
and the notice inviting sealed proposa s, which said notice
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ATTY -40
specified that sealed proposals as specified in said notice
would be received up until 2 :00 o'clock P.M. of the 17th
day of November , 19 , and which said notice did
state and declaFe 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 Novembgr IZth, 1 9 777 __, at the hour
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 next - - - - - regular meeting,; and
WHEREAS, the City Council of the City of Anaheim did,
at its next - - - - regular meeting, held on the 29th day
of November ,T9 - at the hour of 1:30 o P.M.,
consider t e sea e 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, 6145 Santiago Canyon Rd., Orange, Ca. 9266 _
o r the construction, installation and completion ot said Van_Buren
Street street improvement- from Coronado St to La Palma Ave. - ; i
the City of Anaheim, Account No 12- 4309- 7n8- 1(- nOpO_(1977 78)__
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 13th
day of December f 19 77 ; 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 -43 Page 2 of 3 Pages
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 _
and the contract made an
ente in o with said contractor by the City of Anaheim; and
WHEREAS, the Public Works Department
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 herei.nabove 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 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-
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, 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 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 FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this lam— day of
Jul y , 197 q .
MAR OF THE CITY of HEIM
PP,,3 TEM
ATTEST:
Deputy
CITY CLEM;� THE CITY OF ANAHEIM
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. 78R -463 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of July, 1978, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said
Resolution No. 78R -463 on the 18th day of July, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of July, 1978.
LINDA D. ROBERTS, CITY CLERK
BY
DEPUTY CITY CLERK
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R -463 duly passed and adopted
by the Anaheim City Council on July 18, 1978.
LINDA D. ROBERTS, CITY CLERK
BY
DEPUTY CITY CLERK