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70R-111 RESOLUTION NO. 70H-ll1 -- 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: THE IMPROVEMENT OF WEST STREET FROM HAMPSHIRE AVENUE TO BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 574-A. 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 September 25, and October 2 , 19 b~ , 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 West Street from Hampshire Avenue to Ball Road, in the City of Anaheim, consisting of excavation, removal of concrete, construc- tion of P.C.C. cross gutter, construction of asphalt pavement over aggregate base, adjustment of manhole to grade, installation of survey monuments, 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. 574-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Departrnen t of Pub lic vlorks 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 9th day of October , 19 69 , 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- <. .>..""'H""._.-= WHEREAS, on October 9 , 19 69 , at the hour of - --:='T'" 2,00 o'clock P.M., the City Clerk and the C~ty Engineer 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 14th day of October , 19 G9 , at the hour of I: 30 0' crock 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-B.:_J. .Noble Company...J: P.o. Box 620, Oranqe, californ~al 92669 f~r the constru_ct~on, !nstar1"at.fon-ana~c.ompret.ronorsi1a _ ""rov""c.~'t 0'+ "'~~./... . t-~.)..:t f""'o" ~. ....'.lr.. ....v.'nu to T"all" " ..!..J..,. .'~!'.! J... !.,:;;"'... ":"~~_~~':"';;'~~Hi '-' .', <:;;. ..i:_ lJ ~_ .c.oa~ __ ,:or;: C:::-c.cr ~c. :; 7 4- .. herefnabove mentI'one ana-descriced, was tne-rowest-responsrDfe proposal submitted therefor, and thereupon accepted said bid and did award a contract to said ~( . J. LQb.J& .f,.;ori\fiEDL- ---- - - lor furnfshinq a1"1" pant0&Dor, services; materrirs ana-iqUfpment and all utilities and transpor- tation, includinq power, fuel and water, and performinq all work necessary to construct and complet., in a qood and workmanlike manner, in strict accordance with the .pecifications, plans and drawinqs, the said public improvem.nt .s .p.cifi.d in ..id notice invitinq sealed proposals, and did .uthoriz. the M.yor and the City Clerk of the City of An.h.im to .xocut. a contract for and on behalf of the City of Anaheim with ',) J. Noble compani ------ - wn, en .a14 contr'iCtW'i.aury-ziicIi-inl-intiiinnt'O-cntn'.-16th d.y of October , 19 69 , and - - -- ~~-=- ~~ WHEREAS, th. .aid .;::~. J. Noble Com}?:a~ h..lUinf.ho4 .rl plin~!ibor, iirvIOii;liiEiiriri-ina-iqufpment and all utilitio. and tran.- port.tion, and p.rform.d all work n.c....ry for the conltruction and completion, in a qood and workmanlike mann.r, in .trict accordance with the specifications, plan. and drawinq. of laid public improvement as specified in the notice invitinq .e.led proposals and in the detailed desiqns, plans, drawinqs, and specifications prepared by th~ 0:f?~l(~fcf. .Q.fnlYIiiJt~-!)j.~~ , and the con rac ma e an en ere n~o --r-:---- ------- w1th _~__ by the City of Anaheim, and WHEREAS, the ~~-,>..L~.li.c_J:1Q.J:k.s has duly certified to the construct1on ana-compfetrOn-o! sa10----- 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 -E--~Dblp CQwp~ny___~___ ~___________.____,__ ___________, 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 _~~ 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 ___3r~ day of ___~~Lg~_____, 19~_. ATTEST: ~~F ~ THE CITY OF ANAHEIM -3- r' STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ), ) ss. ) --- I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-1l1 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 3rd day of March, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, p'ebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-111 on the 3rd day of March, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of March, 1970. ~ );r. ~.~ CIT 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-111 duly passed and adopted by the Anaheim City Council on March 3, 1970. ~~x.~ City Clerk ---