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64-047RESOLUTION NO. 64R-47 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 BALL gOAD, FROM APPROXIMATELY 202 FEET EAST OF STATE COLLEGE BOUi~EVARD TOAPPROXI-i~TELY 138d FEET EAST OF STATE COLLEGE __BOULEVARD, IN THE CITY QF ANAHEIM, JOB NO, 790. . . 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 _August 29 and September 5 , 19 6~3 . , a notice inviting sealed proposals for furnishing the following: Ail 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 Ball Road, from approximately 202 feet east of State College Boulevard to approximately 1380 feet east of State College Boulevard, in the City of Anaheim, consisting of excavation, haulaway and disposal; construction of 2 and 3-inch A.C. pavement, including paint binder, weed killer and fog seal coat; construction of 4-inches of aggregate base; adjustment of existing manhole frames and covers, and water valve boxes to grade; removal of Portland Cement Concrete curb and drive- way; installation of paddle board, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 790. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works._ Department , - 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 12th day of September , 19 63 , 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 execute said contract and did set forth the prevailing hourly wage scale so ascertained; and of WHEREAS, on September 12 .., 19 63 , at the hour 2'00 o'clock P. M., the City Clerk and City Engineer of -1- the City of Anaheim did open said .~ealed proposals received up to that time for the furnishing of all plan+ labor services materials and equipment~ and all utilities,~.=nd transportation.~ including power, fuel and water, and performin9 all work neces= sary to construct and complet~ in a ~ood and workmanlik~ manner~ in strict accordance with the spectficatlcn~ plans and drawings therefor on file in th~ Offic~ of th~ City Ci~rk of C~ty of Anahe~m~ Z~he p~blic improvement hereinabove more parti= cularly d~sc~ibed and set forth~ in pubIic.~ in the City Council Chamber in the City Ha!l~ ~ahe{m~. Ca]!fornia~ .and the Engineer did tabulate the result of ~aid ~ealed proposals and did make a report to the City Co~nc{] at i~ next ........ ~-- regular meetin~ and WHEREAS, the City Councii of t~:.e City of Anaheim did, at its next -- regular meetin9,~ held on the_ 17_th _ day of _SeDtember . , 19_~, at the hour of_~ o~cloc~ Po Mo~ consider the sealed proposals submitted for fur= nishing the materials and performing the work hereinabove more Farttcularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by R. J. NOBLE C.,0MPANY, P.. O. Box 620, Orange, Ca!..i. fornia, ........... for the construction, installation and completion of~ saint improvement of Ball Road~ Job No. 7.90~ hereinabove mentioned 'and desc~'ibed, was"th'~ lc, west responsible proposal submitted therefor~ and thereupon accepted said bid and did award a contract to said .... R. J~ NOBLE CO.MP._~ .... for furnishing ail' plan't', labor, se'+vt~:{~iate~i'~ils' arid equip= merit 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 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 which said contract was duly ~ade and 'e~t~'r'~d' i"~to on the_ day of._ September ~ 19__6_~_; an~ WHEREAS, the said. R, .J, NOBI~E CO.MPAN~,.. _ __ has furnished all plant~ labor vlces~ materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner~ in strict accordance with the specifications, plans~ drawings of said public improvement as specified in the notice inviting sealed proposals sn~ in the detailed designs, plans, drawinos, and spe~cations p~.epared by the Public Works Departm_ent , and the cent?act made and entered into with ~r. by the City of Anaheim~ and WHEREAS, the _Director of Public Works has duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said R.J. NOBLE COMPANY .... ; and WHEREAS~ the City Council finds that said contractor has completed said public improvement heretnabove more particularly 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 accord- %r~ce with the contract documents o NOW~ ~THEREPORE~ BE IT RESOLVED by the City CounCil of the City of Anaheim that all plants labor~ se~vices~ materials and equipment and all utilities and transportation~ and the per= for~ance of all work necessary to construct~ install and complete~ in a good and workmanlike manner~ in strict accordance with the specifications~ plans and drawings therefor on file i~ the Office of the City Clerk of the City of Anaheim~ together with the appurtenances thereto~ said public improvement hereinabove more particularly described and set forth~ in the City of Anaheim~ by said contracto~ be~ and the ~ame are hereby accepted~ subJect~ nevertheless~ to all the terms~ conditions and provisions of the contract documents~ and that the balance due said contractor for said work be paid to it thirtyofive (35) days from and after final acceptance of sa-~l-~--~rk as evidenced by the adoptio~ 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 i~ accordance with the p~ovisions of said contract and contract documents° That acceptance by the con~ tractor of said payments made in accordance 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 o~ for anything relating to the work or any act or neglect of the City~ its officers~ agents and employees~ excepting only claims against the City for any amounts withheld by the City at the time of such paymento 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 lawo THE FOREGOING RESOLUTION i~at~proved and signed by me this _ 28th ~ day of January ~,,-~ 19)64o //~YOR OF THE~I~ OF ~A~IM ATTE~ ~ .... CITY G~ OF T~ CITY OF ~EIM STATE OF CALIFORNiA ) COUNTY OP ORANGE ) SSo CITY OF ANAHEIM ) I~ .... DENE M._WILLIAMS ~ City Clerk of the City of Anaheim~ do-hereby certify tha~' the foregoing resolution was introduced and adopted at a -- regular meeting pro~ vided by law of the City CounCil df the' City of Anaheim~ held on the .... 28th ~ day of ~ ~ Jauuarv.._~~ .... .. ~ 19 64 ~ by the following vote: AYES COUNCILMEN: Dutton, Chandler, $chutte, Krein and Coons NOES COUNCILMEN: None ABSENT: COUNCILMEN ~' None AND I I~$RTHER CERTIF~ that the Mayor of the City of Anaheim approved and signed said resolution on the 28t~h day of Januarv ..... ~ ..... ~ 19 64_~o IN WITNESS WHEREOF~ I have hereunto set my hand and affixed the official seal of the City of Anaheim this _Z2J~J=~ day of J~nu~ry ..... ~ 19 / / (SEAL)