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1975-450 ..-.... RESOLUTION NO. 75R-450 ..-..-.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEP~ING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: 'l'HE IMPROVlMEN'l' 011' SE~O AVENUB, W/O BIDDER CANYON ROAD 'l'O CARtON RIM ROAD, IN '!'HE CI'l'Y OP ANAHEIM, WORK ORDBR RO. 129-B, A.H...P. NO. 735. 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 the l1lth ~ 20t:~ d"'1 t'lf' March _, 19 7~ , a notice nV1t ng sealed proposals for furnishing the following: . All plant, labor, services, materials and equipment, and all u~ilities and transportation, includinq 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 ~herefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: '!'he improve.ent or Sel'!'ano Avenue. 1107' w/o Hidden CanJon Road. to Oanron Rim Road, 1n the Cit, ot Anabeim, oonslat1ng ot exeavatlon. construction ot asphalt con- crete over prime coat over assrega te bas. j c.on.truot:l.on ot P.C.C. curb and gutter. side..lle:. sldewalk l'UlP8. ..phalt concrete berm. anel drainage downdraln and out- let; ad3uetment ot manholes and watel' ...19. box.. to grade; Installation ot survey monu.entsj and all appur- tenant work aa shown on the plans and delineated 1n the specifications on t11e 1n the ottioe at the City Clerk or City Engineer, Work Order No. 729-B, A.R.P.P. Ro. 735. in accordance with the designs, plans, profiles and specifica- tions prepared by the Pub lie Works Department , and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said no~ice would be received up until 2:00 o'clock P.M. of the ~ day of ADr11 , 19 75 , and which said notice d WHEREAS, on April 3 , 1975 , 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 meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 8th day of Apri1- , 1975 , at the hour of 1: 30 .' 0' 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 ~etermine that the sealed proposal submitted by R. J.. NOBLE COMPANY, Post Office Box 620 Orange~ Californra, for the construction, rnstailation and completion of said Improvement of Serrano -A!enue, w/o Hidden Canyon Road to Canyon Rim Road, in the City of Anaheim - Work Order NOa 729-B, . A.H.F.P. No. 735, . 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 performing all work neces- sary to construct and complete, in a good and workmanlike man- ner, 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 contrac~ for and on behalf of the City of Anaheim with said contractor, which said contract was duly made and entered into on the 10th day of . April , 19 75 ; 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 completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawinqs of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawinqs and specifications prepared by the Public Works D~aJ::tment , and the contract ma e and entered into with said contrac~or by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in ......... . ..--. WHEREAS, the City Council finds that said contractor has campleteg 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 authorized in accordance with tlle 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 qood 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 con~ractor 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 thirty (30) days after the date of the filing 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, exceptinq on~y claims against 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 ar~ 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 19th day of Aultust , 19LL. ATTEST: w )n.~ CIT ~ OP THE C Y OF ANAHEIM -. ....... ~. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anahelm, do hereby certify that the foregoing Resolution No. 75R-Jt50 was 1ntro-. . duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 19th day of August, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: !Caywood. 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-450 on the 19th day of . August, 1975. IN .WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of August, 1975. ~;". ~~ CITY CLERK OF THE eI OF ANAHEIM (SEAL) It ALONA 11. HOUGARD. City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of ~e~olut1on No, 75R-450 duly passed and adopted by the Anaheim City Council on August 19, 1975. ~hz.~~~€ City Cle ...-....,