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64-659RESOLUTION NO o 64R-659 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 IM- PROVEMENT, TO WIT: THE IMPkOVEMENT 0F ~'~BSTEIi ..~'i'ALET, FAOM O~.~,NGE AVEN~ TO BALL i~OAD~ IN T~'. 3 ITY ~F ^ .... 'r: ~ '~ ~.~N.A.HE_L, JOB NC. c~52. 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 iich and i7th days of April , 19 j~ , a notice inviting sealed proposals for furnishing the foIl-~g: .~ ~--~ .... ' fuel and water, and oe~~- a'L" wo'i~ f~ct.~.,:;a~:7 ~; construct and complete in a good and ~.:;?~man~..i.'kc ~:aant~el. ~:~ sc~:::c:t acco!dance with the specifications: .- ~,aan~!m~ Zhe following public ..... z.~nahe~m: consist4 . . · ~ng of and ~.ban?oned ~'3Tu~' i]~.lic'.s ~nc~.ud.~n~ attached fire hydrants wat~:~: aLvca; ::em~va-: anJ .-]t~ gDosai of miscellaneous items; ~:.~'nst'i-uc:cim~ o" an ..... ;,~ub v.~.i-, sewer lateral extensions, anJ aooui:tenant wo?;',. . as ,~.;:e '0ar:-,cu~ariv ~=~s=~ zo~'th in the plans and in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sealed Proposals, w%ich said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o~clock P. M. of the 23rd day of Aori/ , 19~z~. , 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 ascertained the prevailing rate of wages for each type of labor needed to exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and , WHEREAS, on Ap~i± 2':J , 19 64 , at the hour of o'clock P. M., the City Clerk and the City Engineer of -1- the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, m~terials and equipment, and ~!! utilities and. transportation, in- c!uding power, fuel and water~ and performing all work necessary to construct and complete, in a good and workmanlike manner, in s~rict accordance with the specifications, plans and drawings there- for on file in the Office of the City Clerk of the City of A~aheim, ~he public improvement hereinabove more particularly described and set forth, in ?ublic, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and ~ti¢~ make a report to the City Council at its next ~- regular meeting; and WHEtLEAS~ the City Council of the City of Anaheim did, at i~:s next ~- regular meeting, held on the ~ day of ~pr!i , 196~ , ~t the hour of 1:30o~ P.M., consider the sealed proposals submitted for furnishing the materials and performing 'the work h~re.~_nabove more particularly described and set forth, and did the]~'eupon find and determine that the sealed proposal subm~.tted by L.. J. NOBLE COMPANY. P. O. Box 620~ Oran~e~ ~aiifo~rnia~ ' ~for the constru6t~on, installation and completion of said improvement of Webster Street: .=~om Orange A~fe_.__~___~ ~oad.. ~Oo ~g52_ hereinabove mentioned and desdribed-] was t~e lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said k.J. NOBLE CQMpANY for furnishing all plant, labor, ser- vices, 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, the said pub- lic improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor snd the City Clerk of the City of Anaheim ~o execute a contract for~ and on behalf of the City of Anaheim with J. NOBLE COI¥~A~Y ~,hich said contract was ~'U-[~-~e and entered into on the 30th day of ~rii , 19 ~ ; and ~ i,'H{EPgAS, the said. ~ ~ ~" ~ ~.~. o. ~OBLE oOMPANY has furnished all plant, labor, ser- ¥ices, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and worl.~anlike manner, in strict accordance with the speci- fications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed desi~s, plans, drawings, and specifications prepared by ~he Public Works ~e~ar~ment , and the contract made and entered into with. -~ by the City of Anaheim; and WHEREAS, the ~irecno~E_~ublic Wor~s has duly certified to the construction and completion bf s~id public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said !~. J. NOBLE COMPANY ; and' WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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. -2- NOW~ :'HEREFORE. BE J7 RESOLVED by the City Co'..ncil of the City of A~ah~.,im that' all plant labor. :~.~_~r'vi¢-~%~, .... ~ and equipmen~ and all utltitia~ and tran~p~:~tatio~: an6 fo~mance of all work necessary to constr~ct., i~'~stail and ~n a good and wor'~anlike man,er, ~n ~tt~:.t accordance wirb specificati~ plans and drawings therefor o~ file in thc of the City Clerk of the City of A?abeim~ together w~tb the appurtenance.~, thereto, said public improve:nent bereinabove ~ore par~icularty describeo and se:t fortb~ ~n the City of A~ ' '~ ab e ~aid con~ratror, be;, and ihe sa~:e are hereby ac. ce~ted, nevertheless, to all th~ t.~s. c'mditions and pr')visio~ts of the contract document s~ and tDat t'he: balance due said c~?ntraz~tor f~r said work be paid to :it tblrtv:f'ive. ~'~=".,~ days from a~d after' ~inal acceptance of s~iT~--~'rk as evidenced by the a:doptio77 of this resolution but oot s~ner than thirty { ~ ~. ~0,. days..after the date of the filing of nctXce ~f' completion~ excepting only s.~ch sum or sums a~,. may lawfulkv be withhe, ld in accordance with the provisions of sai~ contract aqd c~ntract 6ocument~. Ikat acceptance by the co'n~. tractor ~f said p.a~,erts maae in accordance with said final estimate shakl operate and shall be a re. lease to the City of ~ahe.im, irs officers:~ agents and employees from all claims and !iabiiities due the contractor for arvthing aoae or furnishe~ 7r' withheld or for anything relating to the work or any act or neglect of the City, its officers, agemt: and e~,ployees, excepting only claims against, the City for amy amounts withheld by the City at ~he time of ,~ucb payment. &~. BE ii FER, HER ~SOLVED that the Mayor and the City Cle. rk of the City of ~abeim be? a~d they are her'~.~by aatbor'ized to execute and file a notice of c~mpletlon ef ,axd w~rk as r~4uir'~-~i by law. THE FORGOING ~SO.L~7,.ON is approved and si~v.C by m~ this O q- -'~ -- ~ r .... ~ .............. A1TES'Ti: CITY CLERK OF THE CI?? OF NA~EIM / $IAIE OF CAItFOR~ IA ,' COUNTY OF O~N'C.E '~ ss. CIY'Y OF A~AHEI~ ', '~- _P~~_l~i~l~_-ili5 , City Cl. erk of the City of Anaheim, do 'h~.r'eby ce. rtif~~-~-h~-~regolng resolution was intro- duced and adopte, d at a -- regular meetip~g provided by law of the CitF Council of the City of Anab~eim.~ held on the _.~Xil~_~ day of Se2~emOer 1 9.j,£~ .... . AYES :: COi'NCILMJ{N Pebley, Schutte, Krein and Du%ton NOES COUNC t LMEN None BSEN, t.: C O!JNCIL'~EN Chandler Pro Tern AND i Ft',RT'HER CERTIFY tha~ t:be Mayor/of the; Ci~.y ,of Anaheim approved and signed said resolution on the ~a___ day of Ji~mber 19 6~ IN WITNESS WH.EREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th of' ..... .... :flay (SEAL)