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1968-289RESOLUTION NO. 68R -289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE CONSTRUCTION OF THE KATELLA AVENUE GRADE SEPARATION AT THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, IN THE CITY OF ANAHEIM, SS PROJECT NO. 418 -A. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 16th and 23rd days of March 19 67 a notice inviting sealed proposals for furnishing the following: 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The construc- tion of a grade separation on Katella Avenue at the Atchison, Topeka and Santa Fe Railroad, consisting of a reinforced concrete bridge; storm drainage, pump- ing station and appurtenant piping; landscaping and sprinkler system; paving; necessary vehicular and rail- road detours; street lighting; and appurtenant work as more particularly set forth in the plans and speci- fications on file in the Office of the City Clerk or City Engineer, SS Project No. 418 -A. in accordance with the designs, plans, profiles and specifica- tions prepared by Moffatt Nichol. Engineers and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:0 o'clock P.M. of the 13th day of April 19 67 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 ascer- tained 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 -1- WHEREAS, on April 13 1967 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 neces- sary 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 18th day of April 19 67 at the hour of 1:30 o'clock P.M., 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 SULLY MILLER CONTRACTING COMPANY, P. 0. Box 432 Oran •e California for the construction, installation and completion of said grade se•aration on Katella Ave. at the Atchison, Topeka and Santa Fe Railroad, SS Project No. 418 -A, hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said SULLY- MILLER CONTRACTING COMPANY for furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, 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 SULLY MILLER CONTRACTING COMPANY which said contract was duly made and entered into on the 21st day of April 1967 and has furnished all plant, labor, services, materials and equipment and all utilities and trans- portation, 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 public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by Moffatt Nichol E ng i neers and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the said SULLY MILLER CONTRACTING COMPANY WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said SULLY- MILLER CONTRACTING COMPANY and -2- 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 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 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 provisions of the contract documents, and that the balance due said con- tractor for said work be paid to it 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 accord- ance with said final estimate shall operate and shall be a elease 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 em- ployees, excepting only claims against the City for amounts with- held 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. THE FOREGOING RESOLUTION is approved and signed by me this 28th day of May 19 ATTEST: CI CLERK OF THE CITY OF ANAHEIM F THE I Y OF ANAHEIM SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of hereby certify that the foregoing Resolution and adopted at a regular meeting provided by of the City of Anaheim, held on the 28th day vote of the members thereof: the City of Anaheim, do No. 68R -289 was introduced law, of the City Council of May, 1968, by the following AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 68R -289 on'the 28th day of May, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of May, 1968. CI CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -289 duly passed and adopted by the Anaheim City Council on May 28, 1968.