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64-030RESOLUTION NO. 64~-3o 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 WINSTQN ROAD~ FROM STATE GOLLEGE BOULEVARD TO APPROXI- ~TEL? 1320"FEET EAS~ OF STATE GOLLEGE BouLEVARD, INi THE CITy OF ANAHEIM~ JOB No. 778. 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 Au,qust lSt and AuQnst 8th , 1963 , 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 workm~nlike manner, in str'~ict accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City cf Anaheim, the following .public improvement, to wit: The Improvement of Winston Road, from State Col- lege Boulevard to approximately 1320 feet east of State College Boulevard, in the City of Anaheim, consistin.(l of excavation, haulaway and disposal; construction of1½,, , , k" and variable thickness A.C. pavement, including paint binder, weed killer and fo9 seal coat; construction of 8 inches of aggregate base; irrigation line; adjustment of existing manholes and water valve boxes to grade; installa- tion of paddle boards; removal, haulaway and disposal of irrigation line, and appurtenant work as more particularly set forth in the plans and sI~cifications on file in the Office of the City Clerk or City Engineer, Job No. 778. in accordance with the designs, plans, profiles and specifica- tions prepared by ~ the Public .Works Department , and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P. M. of the 1Sth day of Auausl~ , 19_~, 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 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 Au.clust 15th , 19 6~% , 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.~ labor~ services~ materials and equipment, and all utilities and transportation~ including power, fuel and water, and perfo.r, min9 all work neces= sary to construct and complete~ in a 9ood 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 hez~ei~nabove more patti= cularly described arid set forth~ in public>~ in .the City Council Chamber in the City Hall~ Anaheim~ Californi@~ .and the City Engineer did tabulate the result of said sealed proposals and did make a ~¢port to the City Council a% its next_._-- _ regular meeting~ and WHEREAS, the City Council of tl:e City of Anaheim did, at its next ,, regular meetin9~ held on the ~Oth .. day of. Au.ql~st . , !9 63 ., at the hour of -0_~.I.~.Q~ o;clock Po Mo~ consider the sealed proposals submitted for fur= nishing the materials and performing the work hereinabove more particularly described and set forths and did thereupon find and determine that the sealed proposal submitted by R. j. NOBLE COMPANY, P. O. Box 620, Orange, Cai ifornia for the c"0hs'truction, installatio'n and completion of" Said i~- Drowement of Winston Road. J~b No. 778 . hereinabove mentioned and described, was the lclwest' responsible proposal submitted therefor~ and thereupon acceptea said bid and did award a contract to said _ R. J. NOBL_E Co~A~ ...... for fUrniShing all plan't'~ labor, se~vi~-~S-~'~{'~"te'~ials' ~nd equip= ment 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 specificattons~ 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 R.J., ..NQBLE COMPANY which said contract was duly' made and' enter"ed-i"nto 0~n the 21'st day of Au.~ust . ~ 196_~__; an~ WHEREAS, the said R, J. NOBL.E COMPA.NY...an.t has f~rnished all p~ , labor, set '~ices, materials' and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner~ in strict accordance with the specifications~ plans~ drawings of said public improvement as specified in the notice inviting sealed proposals aha in the detailed designs, pians, drawings, and spec~i~cations prepared b~....~e ~blic.~orks Department ~ and the contr:act made and entered into with i~ by the"'Ctty of Anaheim~ and WHEREAS~ the__ Di~ecto~ of _Public Work~ ha/ duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said R_ J_ NC)RI.F. CC~MPANy .... -~ ; and , , ,, ,,,,, , ,, ,, , , ,~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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 accord- ~nce 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 a~d all utilities and transportations and the per= formance of all work necessary to construct~ install and complete~ in a good and worknm~like manne~ in ~trict acco~d~ce wi~h the specifications~ plans and drawings therefor on file in the Office of the City Clerk of the City of An~eim~ togethen with the appurten~ces thereto~ said public improvement hereinabove more particularly described and set fo~th~ in the City of Anaheim~ said contractor~ be~ ~d the s~e are hereby accepted, subJect~ nevertheless~ to all the te~s~ conditions and provisions of the contract doc~ents~ and t~t the balance du~ said contractor for said work be paid to it thirty=five (35) days from ~d afte~ final acceptance of s~~k as evidenced by the adoption of t~s resolution~ but not sooner t~n thi~y (30) days after the date of the filing of notice of completion~ excepting only such s~ o~ s~s as ~y law~lly be wit~eld tn accord~ce ~ ~e provi~ions of said contract ~d contract doc~entso ~at accept~ce by th~ con~ tractor of said pa~ent~ ~de in accordance with 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 cont~acto~ fo~ anything done anything relating to the work or any act or neglect of the Clty~ its officers~ agents and employees~ excepting only claims against the City fo~ ~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 requi~ed by laWo THE POREGOING RESOLUTION i~p~,oved and signed by me this .~YOR OF THE O:[~ OF ~A~ ATTE~ ~ 0IT~ 0LEE 0I~ THE' CITY 6P ANAHEI~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CI~"/ OP ANAHEIM ) I~ ~ DENE. ~,~ WI.L.LIAM$ ~ City Clerk of the City of Anahelm~ do'hereby certify that'-the foregoing resolution was introduced and adopted at a -- regular meeting pro= vided by law of the City Council 'of the' City of Anaheim~ held on the 21st day of ~ January.. ~.~.. ~- . .~ 19~~ by the following vote: AYES COUNCIL~N: Dutton~ Chandler~ Schutte, Krein and Coons NOES,o COUNCILMEN :: None ABSENT: COUNCILMEN ~ None AND I I~JRTHER CERTI~ that the Mayor of the 0ity of Anaheim approved and signed said resolution on the ~ day of ~ Ja, n~ar.~ ........ ,~ 19 64~o IN WITNESS WREREOP~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2!st day of _ Ja_nuary _ , , .~ 196~4,_o "O~T~ '-CLERk- O~ TRE CITY O~ ANAHEIM