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70R-452 RESOLUTION NO. 70H.- 452 '-.",,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FuRNISHING OF ALL PLANT, LABOR, SERVICES, ~TERIALS AND EQUIPMENT AND ALL UTILITIES ~D TRANSPORTATION INCLUDING POWER, FUEL AND WA~ER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IbPROVEI.1E:"T OF CQl.lljEI~CIii.L S'rELE'I', F:LzQI\'I Pl~T'li STF\.EE'I' '1'0 LEIWN S'I'rJ.:,L'l', Ii, TIlE CI'i'Y OF ANAHEIIi}, V~OI:'K ORDEI~ NOS. 1162 and 5201,. 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 ~larch 5, and Narch 12, , 19 70 , 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 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 improvement of Commercial Street, from patt Street to Lemon Street, in the City of Anaheim, consistina of excavation; concrete removal; miscellaneous higHway f~cilitie$l construction of asphalt concrete over aggregate base and asphalt concrete berm, construction of P.C.C. curb and gutter, curb, driveways, cross gutter, spandrel and reinforced slab; adjustment of manholes and water valve boxes to grade, relocation of railroad spur track, installation of traffic signals; and appurtenant work as more particularly set forD1 in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order Nos. 1162 and 520A. in accordance with the designs, plans, profiles and specifica- tions prepared by thp. D~art:mpnt of Public Wqrks and the notice inviting seale proposals, which sa1d notice specified that sealed proposals as specified in said notice would be received up until 2: 00 o' clock P.M. of the 19th day of March , 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- L ~ WHEREAS, on March 19 , 19 70 , at the hour of 2:00 o'clock P.M., the City-C"Ierk and theCity Engineer of the Cfty of Anaheim did open said sealed proposals received up to that time for th~ 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 24th day of MarCh---;-l9 70, at the hour of 1:30 o'clock P.M., consider the s~aled 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 CO., P.O. Box 620, Orange~ Calif~rp~~~2669 ___ ~ ~ for the construct1on, 1nstarlat[on ana comp1et1on of sa1d CQ~r~1~1 Streit~Improvement from Patt to Lem~ Streetsl W~Q~der No. ~1~2 and 520A hereinabove mentioned ana-descr1bed, was~-rowest responsfb-re proposal submitted therefor, and thereupon accepted said bid and did award a contract to said --_B.a~..&-l1~-.c..Q~--~___T"-;-r-___ Lor furn1sh1ng all plant, labor, services, mater[als ana-eqUTpment 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 ~ J~ Noole ~O~ . which sal.d contractwasduly-made -and-entered!nto on the---~6.th day of March ' 19 -:LO-; and WHEREAS, the said ~--.J....t NQble Co. has furnished alr-prant, labor, servrces; materIars-ina-equIpment 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 the De~rtment of Public Works , and the contract made and entered into wIth _~__ by thelCity of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the-constructron and compfetfon of sara 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 ~J_~~~l~ Co. 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 do~uments, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THg~FORE, 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 cqntractor, 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 _~__ 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 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 __15~hday of ____~~~~mb~~_, 19 70 . / MA ~~ ~AN~1tW- ATTEST: ~ '\ /)~ ' CI CLE~~AHEIM -3- STATE OF CALIFORNIA ) COUNTy OF ORANGE ) s s . CITY OF ANAHEIM ) -. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-452 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 15th day of September, 1970, by the following vote of the members thereof: A YES: COU1f1CILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUlfCILMEN: None ABSENT: COUNCILMEN: None AND I FURT~R CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-452 on the 15th day of September, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of September, 1970. (SEAL) ~ ~V~1!_.'_~ . ITY CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-452 duly passed and adopted by the Anaheim City Council on September 15, 1970. ~ )r'~8~~~_~ City Clerk r