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1967-484 - ..""-' RESOLUTION NO. 67R-484 A RESOLUTION OF THE CITY COUN~IL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL P~T, LABOR, SERVICES, MATERIALS AND EQUIP~NT AND ALL UTILITIES AND TRANSPORTATION IINCLUDING POWER, FUEL AND WATER, AND THE PERFQRMANCE OF ALL WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF KATELLA AVlENUE, FROM APPROXIMATELY 660 FEET EAST OF WEST STREET TO APPROXIMATELY 2100 FEET EAST 'THEREOF, IN THE CITY OF ANAHEIM, SS PROJECT NO. 499A-B. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper o~ general circulation, printed, published and circulated in tHe City of Anaheim, to wit: The Anaheim Bulletin, on the 13~h and 20th days of April , 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 Qecessary to construct and complete in a good and workmanl~ke 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 improvement of Katella Avenue, from approximately 660 feet east of West Street to approxi- mately 2100 feet east thereof, in the City of Anaheim consisting of excavation, including haulaway and disposal; construction of asphaltic concrete over aggregate base, P.C.C. curbs, gutters, sidewalk, drive approaches, cross- gutter and spandrel, storm drain catch basin and junc- tion structure; installation of l8-inch R.C.P. and 14- inch asbestos cement irrigation line, and appurtenant work as more particularly set forth in the plans and specifi- cations on file in the Office of the City Clerk or City Engineer, SS Project No. 499A-B. "-"'.......... in accordance with the designs, plans, profiles and specifica- tions prepared by the Pub1iS Works D~partment and the notice inviting seale proposa~s, which said notice specified that sealed proposals as specified in said notice would be received up until 2: 00 0' clock P..M. of the 27th day of ~ril , 19 6~ ' 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- L ....... ~ WHEREAS, on April 27 , 19 67 , 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 ~VHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 2nd day of Mav , 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 STlT.T.V-lIIJTT.T.R'R CONTRACTING COMPANY, P. O. Box 432, Oranqe, California. for the construction, installation and ~ompletion of said Katella Ave. improvement, from a rox. 660' eas't of West st. t 00' east thereo , SS Project No. 499A-B, here1na ove men 10ne and described, was the lowest responsible proposal submitted tnerefor, and thereupon accepted said bid and did award a contract to said SULLY-MILLER CONTRACTING COr.'f..PiANY for furnfslling 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 SpLLY-MILJ.ER CONTRA(,TTN~ CO!.1PANY which said contract was duly made and entered into on the 4th day of May , 19 R-; and WHEREAS, the said SULLY-MILLER CONTRACTXNG COrPANY has furnished arr-pIant, abor, services, materials and equipment and all utilities and trans- portation, and performing 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 the Public Works Department , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Pub ic Work has duly certified to the construct1on and comp et10n of sa1 public improvement hereinabove mentioned and described, in accord- 3~ ance with the plans and specifications and the contract documents duly made and entered into with said SULLY-MILLER CONTRACTING COMP ANY ; 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, la~or, services, materials and equipment and all utilities and transportation, amd the performance of all work necessary to cbnstruct, 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 saia 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 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 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. this THE FOREGOING RESOLUTION is approved and signed by me 22nd day of Auqust, 19 67 . ATTEST: ~ ! M~ ct .' 'CLERK OF ) r-;:- . tJ~ THE CITY OF ANAHEIM .r-. -3- ~ ~ - - STATE OF CALIFORNIA ) CO\IITY OF OIWIG.E ) SSe CIlY OF ANAHEIM ) , I, DENE M. WILLIAMS, City Clerk of the City of Anaheta, do. hereby certify that the foregoing Resolution No. 671-484 was intro- duced and adopted at a regular aeeting prov~ded by law, of the City: CGuncil Gf the City Gf Anaheta, held on the 22nd day of August, 1967, by:the following vote of the aeabers thereof: AYESe COUNC IlJIEN e Krein, Schutte, Chandler and Pebley NOES: COUNCILMENe NGne ABSENT: C QlJtl:; IIJIEN e Dutton AND I FURTHER CERTIFY that the Mayor Gf the City of Anaheta approved and signed said Reso1utiGnNo. 67R-484 on the 22nd day of August, 1967. IN WITNESS WHEREOF, I have hereunto set ay hand and affixed the Gfficial seal Gf the City of Anaheta, this 22nd day of August, 1967. ~]x. ) '1-... . I . U~,......-..-/ C I i ICLERK OF THE C IlY OF AllAHEIM ( SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do aereby ~ertify that the foregoing is the original Gf ResolutiGn No. 67R-484, duly passed and adopted by the Anahe~ City Council Gn August 22nd, 1967. ~)n 2J~ . City Clerk , -