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70R-313 RESOLUTION NO. 70~-313 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: TEE IEP:>10Vl:::LEI.'l' OF '>JliGL\I;L .i\Vl:';i:UL FI<Or; .i\PPI,OXD1ATELY 68 FEET WEST OF CHi\.UCBF~ S'l'P2:t;'r TO APPF<.OXIH1\TELY 260 FEE'I' vvEs'r 'rllEREOF r Ib rITE CITY OF ANAHLHJ} r 't'JOF~=\. Or:~D2~3. l.J"(j. 58:5 - .]\. 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 29th day of January and the 5th dal of February ,19 70 ,a notice inviting sealed proposals or 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: 'fIle iLfTov81f,ent of ~2a(Jner Z\-Venue frm, approximately Cd feet v,/cst of Cllauccr Strce.t to a?D~o~i~ate17.2G? feet vest ~ler2o~1 i~ t~e City of . i'I1a.,lelr~~.{ conSlS tlnc of cl::;.::;.rlnc etrhi ':'TULi~lnCi - excava tlon' . . ._ ._ - '. -: ..J ,..i ~ , consl:ruct~Lcr. ot l. . i.. ,',.. curL Clr;c J'....'C.'c.,.::-, 6rive'i'ay~':.- ~;ic~e-- \ ;J.l]~;~; ;:~rl(~ ;,~,; ,3 ;:lnc .I~ L~C.. (~C)~lr;t:rllctic;11 ()J:: ct~3=~'~1a.lt concrete OV.2r "''::;';T'''(.Fl.t:: ).flse. crt:.')," al!.(; .fill ::~qYi::ic tan]~t instal'- lC'.tion of 4' \7.C. F. ,lOlbC con::1ect.ion, cOE:3truction of :':rick retainins uall. construcU_oll of concretc~ blocJ:\~all a;:6 all c1:0';urt:.;;.:n2.nt',;or:" cl::' 1 er: :.articularly set forJcL in tI'c ~)lan:) :A.nc. s~ u.:::i.ficcl.-tio,,,; on fils in the Ciffice of tlL'.2 Cit"./ C::ler]" ()r Cit-. __'::.Jr~ r, ,,~or~__ ~~)rc1(~r l~-o. 533---1\.. -.. in accordance with the designs, plans, profiles and specifica- tions prepared by tile Department of Public r'iorks 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 11th day of .Februarv , 19 70 ,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 __Fe~uary 11 _, 19_~~, at the hour of 2:00 o'clock P.M., the C~ty Clerk and the C~ty Engineer of the Crty 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 17th day of Febr~---:=;19_..1Q_' 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 R. J. NOBLE COMPANY. P.O. Box 620 Orange, California ---- for the construcITon;-'"Tnstarratron ana completIon olSafd \i~agner IWe. imerove~, fr~~EE!:ox. 68 '\jI]L~~:!:!~~~. ~o aE9rox. 260' West ~reofL W.O. No. 585-A here1nabove ment~oneQ an describe~as t e fowest responsrole proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPM~Y -----------------------lor furnI shfngarr pfan t;-raEor;-- servrces, materrals~ana-equrpment 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 aocordance 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 wi th &-il L. I.1Q&~t;. c..~~l:: w en safd contraCt was duly macIe and-enteredTntOon the--=~Q~_ day of Feb~ua.~____, 19_1Q_; and WHEREAS, the said E..-ilL.ij.Oif~C~~~f~~.. ",.,."..__._ __ has fUrn1s e a 1 pant, laDer, aervfCes; materfa-fi-ina-equ[pment 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 ~~ ~~~tment~f ~uP.li~ WO~~5 _ _ , and the contract made and entere Into ~--------- w1th ___it__ by the City of Anaheim; and WHEREAS, the _Di~ct2!:~~~l~C Work,~ ___ __ has duly certified to the construct1on an completIon or saId public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entere~in~:_:~~~_:~id_~A.~~~:~~Y.;ana___ -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-sai~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. THE FOREGOING RESOLUTION is approved and signed by me this _Erd_ day of ___!.Ene____, 19 ~_. ~~i'TH~IJA~ ATTEST: G A:; ~~=-- ~ERK OF THE CITY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) SSe ...--.....,. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-3l3 was introduced and adop~ed at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 23rd day of June, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURtHER CERTIFY that the Mayor of the City of Ana- heim approved and signed said Resolution No. 70R-313 on the 23rd day of June, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of June, 1970. ~)(. ~,:~~ ITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-313 duly passed and adopted by the Anaheim City Council on June 23, 1970. ~ ~. J;J~---, City Clerk