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64-585RESOLUTION NO o 64R-585 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 IMPROVEMENT OF CITRON STREET~ FROM LINCOLN AVENUe"TO BROADWAY~ IN THE CITy OF ANAHEIM, JOB NO, 859. 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 21st and 28th days of May , 19 64 , a notice inviting sealed proposals fo~ fur'nishing t'he foi-~g: Ail plant, la'~or, 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 goo~ 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 foilowin~ public improvement, to wit: The Improve- ment of Citro~ Straet~ from Lincoln Avenue to Broadway, in the City of Anaheim, cor~sisting of excavation, including haulaway and disposal; construction of 3-inch A.C. pavement, including paint binder, fog s~al coat and saw cutting, 6-inches of ~o~re~at~~o~ ~ ~ base, .... P.C C items, removal of P.C C. pavement and onner P.C.Co items~ including saw cutting, haulaway and dis- posal; adjustment of manholes and water valve boxes to grade; relocation of a traffic signal, pull box and a wood bumper, and appurtenant work as more particularly set forth in the p~ns ant specifica~ions on ~ile in the Office of the City Clerk or City ~n~ineer, job ~o. 659. in accordance with the designs, plans, profiles and specifica- tions prepared by ....~he Public Works Department , and the notice inviting sealed proposals, w~i~h said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P. M. of the 4th day of June 19~~,~- 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 2:00 WHEREAS, on june Z~.t~, , 1964 , at the hour of o'clock Po Mo, 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 fornishing of all plant~ labor, services, materials and equipment, and ~.t! utilities and. transportation, in- c!uding power, fuel and water, and performing all work necessary to construct and complete, in a good. and worl~nanlike manner, in strict accordance with the specifications, plans and drawings there- for on file in the Office of the City Clerk of the City of J~aheim, 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 ,~]ity Engineer did tabulate the result of said sealed proposals and .~]id 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 9th__ day of June , 19_~- __, at the hour of 2:00 o~ 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~ NOBLE COMPANY; P. _0. Box ~20, 0r~ange California for the construction, installation and completion of said _Improvement of Citron Street, job No. 859 hereinabove mentione¢! and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMP~qY for fuz~nishing 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 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 d-~-ly made ~nd' entered into on the llth day of Juo~ .... , 19_~ ; and ~,~HE.REAS, the s aid.... R. J. NOBLE COMPANy ~ has furnished all plant, labor, ser- vices, materials and equipment and all utilities and transportation, and performed all work necessaz'y for the construction and completion, in a good and wor!~nnantike 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 designs, plans, drawings, and specifications prepared by the Department of ?ublic Works , and the contract made and entered into with in by the City of Anaheim; and WHEREAS, the Director of tublic Works has duly certified to the construction and completion of said 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 R. J. ii~OBLE COMPANY ; and WHE~REAS, 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 payn~ent of the balance due said contractor authorized in accordance with the contract documents. -2- NOW~ ~"HEREFORE.. BE, IT RESOLVED by the City Council of the City of Apah,,eim tbat~all plant, !abor'~ ~,~_~:,i~-J,~ ~ ~t,~ ~laL~ ~ ~ ~ and equipment ~ aha all ut~]itie~ and transportati,on~ a~ the per f~r~a~ce of all work mecessary to construct.~ i?~sta~l and in a good and wor~anlike manaer, in strict accordance with specification~ plans and drawings therefor o7 file i~ the Off:ice o~ ~he City Clerk o~ the City of ~aheim~ tog~tber wit h the apputtenancfx~ thereto, said public improvement bete:inabove more particularly describe~ and s~t fort,h~ fn the ,City of A~:abeim,~ b'~: ~aid contractor,, b,e, and the same are hereby a~ce?ted~ subject nevertkele~s~ to all the te~, conditions and provisiov~s of the contract documents~, and that the; balance due said contractor said work b,e paid t.o ~i~ .... tbirty,,five (3%?, days from arid after final acceptance of said work as evidenced by the adoptio~ of this resolation but not s~oner than thirty ~ , zS0't, day~ after' the date the filing of nc,~ice of completion, excepting only s'sc, h sum or sums as may lawfully be wirhb~,ld in accordance with the provisions of ~ai~ contract and contract documents. That acceptance by the tractor of said pa)~ep'ts made in accordance with saia final estimate shall operate and s;hali be a release to the City of A-~,taheim~, its officers~, agents and employees from all claims an.d liabilities due the contractor for atT'thing done or furnishe~ or withSeld or for anything relating to the work or any act or n,eglect of the City, its officers, age~r~ and employees, excepting only claims against the fity for any amounts with'held by the City at the time of sueb pa~ent. BE i'~ FURTHER RESOLVED that c'he Mayor and the City Clerk of the City of Anaheim be.,~ a~,d they are her',~,by a~tborized to execut,a and file a notice of completion of ;~a~d work as :::e~Ir:+,~ bs? law~ AJ'TEST ~ THE FOREb. OIN'G RE ' SOI~',~ION is approved and signe~ by ma this d a'v o f a us t z 64 PRO TE~ CITY CLERK ~F ~ '" ~'$ ~ ~HE CI [ '}/ OF ~YAHEIM SLATE OF CALIFORNIA COUNTY OF ORAN6~E CITY OF A~AHEIM I~, ,_D.E~_~i~,~__~=;,? '"' ~*' ~ Cxt. y~ Cl. erk" ' of the City of Anaheim, d~ ne:reoy cer'tiiy that the foregoing resolution was intro- duced and adopted at a --_ regular meeting provided by law of the City Council of the City of ~aheim~ held on the ~!l&!g~, day of ~ ...... 9.2~ _ .. AYE S <:.OSNCIL~N :: Pebley, Krein and Schutte NOES COITNCtLM£N:: None ABSEMT: COUNCILMEN: Dutton and Chandler Pro Tern A~iD I FU, RT'~ER CERTIFY thatl the Mayor/of the City of A_qaheim approved and signed said resolution on the llth day of ~ust IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official[ seal of the City of A~aheim this llth Ciay C ITT CLERK, OF