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70R-354 RESOLUTION NO. 70R-354 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 AND TRANSPORTATION INCLUDING POWER, FUEL AND WAIrER, AND THE PERFORMANCE OF ALL WORK NECESS~Y TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF FEE ANA STREET, FROM LA PALMA AVENUE TO AFPROXIMATELY 700 FEET SOUTH THEREOF, IN THE CITY OF ANAHEIM, WORK ORDER NO. 503. 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 26th day of November~ 1969. and the 4th day of Dece~er , 19 69 , a notice inviting sealed proposals for furnish, ng the farrowing: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and pe~forming 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 Fee Ana Street from La Palma Avenue to approximately 700 feet south thereof, in the City of Anaheim, consisting of excavation, construction of asphalt concrete pavement over aggregate base; installation of paddle boards; relocation of traffic sign; adjustment of water valve box to grade and all appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 503. in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works 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 De cember , 19 6~ ' 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 -12ecember 11 , 19__Q.~' at the hour of 2:00 o'clock P.M., the City Clerk and the C~ty Engineer of the Cfty 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 16th day of Qe.~e;-:=;-l9 _6.9._, at the hour of l:.3.Q 0 I 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.....Jro.BLE. C.QMf.8NY... ~.. Q. BaA ~~~ "'t~~ag5~~t~~~tfga~1fnstH~~tfonana COrnpLet:lOn or Sa:la im~rove- ment of Fee Ana St.~from La Palma Ave. to approxL-IOO' SLthereof in the Citt of Anah~!~ W. O. No. 503 _ hereinabove m7ntioned ana-aescri ed, was the~est responsIb-re proposal subm~tted therefor, and thereupon accepted said bid and did award a contract to said __!h.~.L-NO!2.I& COMPANY .- .- for furn~sh~ng all plant, labor, services, materrars~ana-equrprnent 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'-enteredinto -on-the-----l"rth day of __Decemb~__, 19_69_; and WHEREAS, the said R. J. NOBLE COMPANY has furn:lshed all plant, labor, servICes; materrars-ana-equrpffient 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 Department of Public Works , and the contract maae and entered into wit~_ it__ by-fKelCity of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the-constructIOn and compLet:lOn of safa 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 __a~_~_NQaL&~ANY- ; and --------------------------.------------- -2- --".";".--. WHEREAS, the City Council finds that said contractor has completed said ~ublic 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 cohstruct, 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 wotk be paid to i~ 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 s~gned by me this _llt.hday of __~_______, 19 J.JJ.._" (~\ U /~:0 .N--< ,7101""'-_ MiifrjROF THE CIT OF ANAHE IM ATTEST: c/ hr '22:. '.-./ ~CLERK OF~TY OF ANAHEIM -3- _"",..-.,,,,, ,~~ - . ;=~."._. '-,.'.-,' "IlIA' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -- I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-354 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 14th day of July, 1970, by the following vote of the members thereof: AYES: COUNOILMEN: Clark, Thom and Pebley NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Dutton ABSENT: COUNCILMEN: Stephenson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-354 on the 14th day of July, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of July, 1970. ~ ftr. )~~ 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-354 duly passed and adopted by the Anaheim City Council on July 14, 1970. L In. /~ City Clerk