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1967-511 - <,#,~ RESOLUTION NO. 67R~ 511 A RESOLUTION OF THE CITY CO~CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING iTHE COMPLETION AND THE FURNISHING OF ALL P~T, LABOR, SERVICES, MATERIALS AND EQUI~MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFQRMANCE OF ALL WORK NECESSARY TO CONSTRUCT llND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT Ii TO WIT: THE IMPROVEMENT OF RIVERDALE AVE~UE (BATAVIA STREET), FROM APPROXIMATELY t725 FEET EAST OF JEFFERSON STREET TO APPRO~IMATELY 3550 FEET EAST THEREOF, IN THE CITY OF ANAHEIM, SS PROJECT NO. 5l5-B. 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 6th andl 13tp dar ot ~uly , 19~, anot1ce nV1t1ng sealed proposals for furnishing the fOIIOWing: All plant, labor, services, materlals 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 specification$, 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 improvetment of Riverdale Avenue (Batavia Street), from approximately 1725 feet east of Jefferson Street to approximately 3550 feet east thereof, in the City of Anaheim, consisting of clearing and grub- bing; excavation, including haulaway and disposal; con- struction of asphalt concrete pavement on aggregate base, 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, SS Project No. 5l5-B. ,- in accordance with the designs, plans, profiles and specifica- tions prepared by the P~ic Work~ ~~t and the notice inviting sea e proposls, w 1C said notice specified that sealed proposals as sp~cified in said notice would be received up until 2:00 o'clock P.M. of the 20th day of JUlt ' 1967 , and which said notice did state and dec are 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, ~:m July: ~O , 19 67 ! at th7 hour of 2:00 o'clock P.M., the C1ty Clerk and the C1ty Eng1neer 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 WHEREAS, the City Council of the City of Anaheim did, at its next ----- regular meeting, held on the 25th day of J~:J , 19~, at the hour of 1: 30 0' clock P.M., consi er 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. ~OBLE COMPANY, P. O. Box 620. Ora~e, California for the construction, installation and completion of said Riverdale Ave. fram approx. 1725' east of Jefferson St~ to appro~imately ~550f east - here1nabove ment10ned and descr1bed, as the lowest responsib e proposal submitted tnerefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPANY for furnishing 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 R. J. NOBLE COMPANY which said contract was duly made and entered into on the 28th day of July , 19-22-; and R. J. NOBLE COMPANY has furnished all plant, labor, 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 ~pArtm~na , and the contract made and entere into with it by the City of Anaheim; and WHEREAS, the said WHEREAS, the Director of Pu~lic Wor~s has duly certified to the construction and comp etion of said public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said R. J. NOBLE COMPANY ; 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 no~ice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT RESOL~D by the City Council of the City of Anaheim that all plant, laqor, services, materials and equipment and all utilities and tr4nsportation, and the performance of all work necessary to cdnstruct, install and com- plete, in a good and workmanlike manne~, 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 said 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 tnat 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 12th day of September , 19~. MAY~IK~/ ATTEST: ~-:IA' "25/~ C CLE OF THE CITY OF ANAHEIM ~. -3- - STATE OF CALIFORNIA ) CaRITY OF 0RAJliE ) CiTY OF ANAHEIM ) L-t., I, DElE M. WILLIAMS, City Clerk of the City of Anahela, do hereby certify that the foregoing Resolutiqn No. 67R-51l was introduced and adopted at a regular ~eting provided ~ law, of the City Council of the City of Anaheia, held on the 12th dl~ of Septeaber, 1967, by the following vote of the aembers thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the ~yor of the City of Anaheia approved and signed said Resolution No. 6~5l1 on the 12th day of Sep- tellber, 1967. IN WITNESS WHEREOF, I have hereunto set ay hand and affixed the official seal of the City of Anaheim this 12th day of Septeaber, 1967. ~. ~..;..~~ C I C 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. 67R-5ll duly passed and adopted by the Anaheim City Council on Sep- tember 12, 1967. L ~, '-J~..'.._-~ City Clerk .~ -