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64-193RESOLUTION NO. 64R-193 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 IM- PROVEMENT, TO WIT: THE IMPROVEMENT OF EUCLID STREET ~ ON THE EAST SIDE, FR...QM APPROXIMATELY 1090 FEET SOUTH OF BALL ROAD TO APPROXIMATELY 1340 FEET SOUTH OF BAL~. ROAD, IN THE CITY OF _ANAHEIM, JOB NO. 826. 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 5th and i2th days of December , 19 63 , a notice inviting sealed Pr0~"osals for furnishing the following: Ail plant, labor, services~ materials and equipment, and all u'tilities and transportation, including powers fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accord- ance 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 i~Zuciid Street, on the east side, from approximately 1096 feet soutb of Ball Road to approxi- ~aateiy 134C feet south of Ball. Road, in the City of Anaheim, consisting of excavation and haulaway; construction of 4-inch A.C. pavement and 6 inches of Aggregate Base -- Class 2; construction of 6-inch P.C.C. driveway~ P.C.C. sidewalk, s-tankard P '~' ' ~A" .~.~. curb and gutter - Type ; standard P.C.C. curb - Type ~ ; and appurtenant work as more particularly set forth in the plans and. specifications on file in the Office of the City Clerk or City Engineer, Job No. 826. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sealed propos'~ls, w~ich SAid notice specified that sealed proposals as specified in said notice would be received up until 2:©0 o~clock P. M. of the 19th day of December , 19 63 , and which said notice did state and declare ~hat, 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 set forth the prevailing hourly wage scale so ascertained; and of WHEREAS, on December 19 , 19 63 , at the hour 2'00 o'clock P. M., 'the City Clerk and City Engineer of -1- the City of Anaheim did open said sealed proposals received up to that time for 'the furnishing of all plant, l~abor services, materials and equipment, and all utili~ies and transportation, in- c!uding power, fuel and water, and performing all work necessary to construct and complete, in a good and wor!~nanlike manner, in strict accordance with the specifications, plans and drawings there- for on file in the Office of the City Clerk of the City of J~aheim, 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 ~i¢~ 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 24th day of Dec~mber , 19 63 , at the hour of 1'30 o~ P.M., consider the sealed proposals submitted for furnishing the materials and perfoznning the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by ~ J NoBL~ COMPANY P.O. Box 620, Or~ng_e; ~a!i~ ~orn~a,~ ~ ~_ for the construction, installation and completion of said I_~rovement of EnD. lid Street_, in ~he City of Anaheim, Job No. 82_6_~__ . hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said ~. J. NOBLE COMPANY for fu~.~nishing all plant, lamb~°r, ser- vices, 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, the said pub- lic improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor snd the City Clerk of the City of Anaheim to execute a contract for and. on behalf of the City of ~aheim with ~. J. NOBLE COMPANY ~,zhich said contract was ~-U-~y made and entered into on the_ ~ ?6th ~ day of December , 19 63 ; and. '~'~-~EPgA~r ~, the said R. j. NOBLE COMPANY. has furnished all plant, i-~or, ser- vices, mate~ials and equipment and all utilities and transportation, and performed all work necessarily for the construction and completion, in a good and wor!~anlike manner, in strict accordance with the speci- fications, plans and drawings of said. public improvement as specified ~e notice inviting sealed proposals and in the detailed desi~s, p!ans, drawings, and specifications prepared by the Public Works Oeoartment , and the contract made and entered into with it by the City of Anaheim~ and ~,EP[EAS, the Director of Public Works has duly certified to the construction and com~fetion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and. specifications and the contract documents duly made and entered into with said ~. J. NOBLE COMPANY ; an~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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~ 'THEREPORE~ BE IT RESOLVED by the City CounCil of the City of Anaheim that all plants iabor~ services~ materials and equipment and all utilities and transportation~ and the per= form. nco of all work necessary to constructs install and complete~ l~ a good and wormlike ~n~er~ tn strict accordance with the specifications~ plans and drawings therefo~ on file in the Office of the City Clerk of the City of An~eim~ together with the appu~ten~ces thereto~ said public imp~ovement herei~above more particularly described and set forth~ in the City of Anaheim~ by said contracto~ be~ ~d the ~e are hereby accepted~ subJect~ nevertheless~ to all the te~s~ conditions a~d provisions of the contract doc~e~ts~ and t~t the balance due said contracto~ for said work be paid to ~ ~ thlrtyoflve (35) days from ~d after final acceptance of s~rk as evidenced by the adoptio~ of t~s resolution~ but not sooner t~n thl~y (30) days afte~ the date of the filing of notice of completion~ exceptin~ only such as ~y law~lly be wi t~eld in accord~ce ~th ~e p~ovisions said contract ~d contract doc~e~tso ~a~ accept~ce by the con~ tractor of said pa~ents ~de in accordance wi~ said final'esti~te shall operate and shall be a release to the City of ~ahe~ its officers~ agents and employees from all claims and liabilities due the contractor for anything done or f~nished or wit~eld or for anything ~elating to the work or any act or neglect of the City~ its officers~ age. ts and employees~ excepting only claims against the City for ~y amounts wit~eld by the City at the time of such pa~nto 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 lawo THE FOREGOI~NG RESOLUTION is~proved and signed by me this _ 2*th day of IQarch ....... ~AYOR OF~'TH~ OI~ OF ~A~~ ' Ci?~ c~ "oP STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sso CITY OF ANAHEIM ) Iv .. DENE ..~WILLIAMS ~ v City Clerk of the City of Anaheim~ d~ hereby certify tha~ 'the fOregoing resolution was introduced and adopted at a - regular meeting pro~ vided by law of the City Cou~Cil"~f' the City of Anaheim~ held on the .... z.4t.h ~ ~ day of ~ March ~.~ ~.- ~ ~ 19 64 ~ by the following vote: AYES COUNCILMEN: Dutton, Chandler, Krein and Coons NOES.° COUNCILMEN: None ABSENT: COUNCILMEN: $chutte AND I FURTHER CERTIFY that the Mayor of the 0ity of Anaheim approved and signed said resolution on the Z4th day of March ......... ~ 19 64 o IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this _~ day of .... i~arch ..... ~ 19 64 o 'CITY C..RK-O~ THE CI'~Z' OF ANAHEIM (SEAL)