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1975-434 RESOLUTION NO. 75R-434 . ........... A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE PURNISHING OP ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, PUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: THE GROVE STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 750-A. WHEREAS, the City Council of the City of Anaheim did cause eo be published in a newspaper of qeneral circula~ion, printed, published and circulated" in the City of Anaheim, to wit: The Anaheim Bulletin, on April 24 and M~v ~ , 19 75 , a notice 1nv1tinq sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performinq 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 Grove Street street improvement, from approximately 1371 feet south of M1ra1oma Avenue to apprOXimately 1925 feet north of La Palma Avenue, in the City of Anaheim, consisting of excavation; construction of P.C.C. curb and gutter and drive approach, asphalt concrete pavement, aggregate base; and all appurtenant removals and work in accordance with the plans and specifications on file in the Office of .the City Clerk or City Engineer, Work Order No. 750-A. in accordance with the designs, plans, profiles and specifica- . tions prepared by th~ Putl~c Worl<<l l;}tU)a.rtlDef1: , and the notice inviting sea ed proposals, Wh~ch said not.1ce specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 15th ....". ",9 - Mav A 1 q ,., . IInd whil'!h RAid not:i~~ did WHEREAS, on May 15 , 1915 , 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, servi- ces, materials and equipment, and all utilities and transporta- tion, 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 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 Enqineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meetin9~ and WHEREAS, the City Council of the City of Anaheim did, at its next reqular meeting, held on the 20th day of May , 19li....., at the hour of --1:30 ." o'clock P.M., consider the sealed proposals submitted for~urnishing the materials and performiug the work hereinabove more particula~ly described and set forth, and did thereupon find and determine that the sealed proposal submitted by R. J. NOBLE COMPANY~ P. O. Box 620. Oran~e California 92666. ' . for the construction, installation and completion-of said Grove Street street improvement. in the City of Anaheim~ Work Order No. 756-A. ' hereinabove mentioned and described, was the lowest responsible proposal submitted there- for, and thereupon accepted said bid and did award a contract to said contractor for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performinq all work neces- sary to construct and complete, in a good and workmanlike man- ner, in strict accordance with the specifica~ions, 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 said cont:racto'r, which said contract was duly made and entered into on the 30th day of' May , 1975 ; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and perfo~ed all work necessary for the con- struction and comp1etion, in a good and workman1ike manner, in strice accordance with the specifications, plans and drawings of said pUblic improvement as specified in the notice inviting sealed proposals and in the de~ailed designs, plans, drawin9s and specifications prepared by the Department of Public Works , and the contract made and entered into with said con~rac~or by the City of Anaheim: and WHEREAS, 1:he Director of Public Works has duly, certified to the construction' and completion of said nubl ; t'! ;mnrnVAmAn+- hArtQ; nllhnVA mAn...~i nnAn ~nn dAAt'!Y'ih,.d _ in ,-.. ...~ 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 con- tract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor au~horized in accordance with tile 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 per- formance 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 provi- sions of the contract documents, and that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and after final acceptance of said work as evi- dence by the adoption of this resolution, but. not sooner than ~irty (30) days after the date of the filinq of notice of com- pletion, 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 accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, 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 employees, excepting on~y claims aqainst the City for amounts withheld 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 siqned by me this 12th day of August , 191.L. MA ATTEST: //~.>n ~ C~ CLERK OJ!. \tHE tli'Ti- OP ANAHEIM ..---. .~. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I. ALONA M. BOUGARD. City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-434 was 1ntro-. duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of August. 1975, by the following vote of the members thereof: . AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-434 on the 12th day of August, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of August, 1975. ,~.)??)4u~ CI'lY CLERK OF THE (tITY OF ANAHEn-I (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing 1s the original of Resolution No, 7SR-434 duly passed and adopted by the Anaheim City Council on August 12, 1975. /;'" '\ / ~~ >no ~4-.tU.~~' City.Cled(