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66-056 _. RESOLUTION NO. 66R-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLt 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 PORTIONS OF BAT.T. ROAD AND.WESTERN AVENUE, IN THE CITY OF ANAHETM, JOB NO. 947. # WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, pr~nted, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin., on the tSth atftl2nd d~8 of 3ulX , 19~, a not ce inv t ng sea ed pro- posals for furnishing the-fOrlowing: 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 Ball Road from Western Avenue to approximately 131 feet west thereof, and the improvement of Western Avenue from Ball Road to approximately 161 feet north thereof, in the City of Anaheim, consisting of excavation; construction of asphalt concrete pavement, aggregate base, P.C.C. curb and gutter, P.C.C. driveway, 4-inch V.C.P. sewer line; removal of miscellaneous highway facilities, block wall, P.C.C. driveway and trees, and appurtenant work as more particularly set forth in the plans and specifications on file in th~ Office of the City Clerk or City Engineer, Job No. 947. - in accordance with the designs, plans, profiles and specifica- tions prepared by the Publi~ Work8 Department , and the notice inviting sealia proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2!OO o'clock P.M. of the 2Qth day of ~u1y , 19 65 ,and which said notice did state and aeclare 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 WHEREAS, on July 29th , 19 65 , at the hour of o'clock P.M., the City Clerk and the City Engineer of 2:00 -1- - 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 particu1.r1y de- scribed and set forth, in public, in the City,Counci1 Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a re- port 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 ----3.r.L day of r~ljat. , 19---65-, at the hour of ~oucloc~ con- si e toe sea1e~posa1s submitted ~nishing 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.a Ja NOBLE CCBoIPANY, P. 0'1>. Box 620, Oransel' ..,LR1 i fg.rnia . :tor the construc- tion,. installation and completion of said d . '-0 evlH men one an escr lowest responsible proposal" su_t"ted there.~br, and thereupon accepted said bid and did award a ,contra~t to said ~ .T NQ.'RT.F. ~Ny' for furnish1ng alL-plant, labor, services, materials and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, 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 con- tract for and on behalf of the City of Anaheim with ~. J. NfLE COMPANY ' wh ch sa1 contract was duly made and entered into on the 6th day of AUgJ1At: , 19 6'i ; and , WHEREAS, the said ~ ..I.-.lfOBLE...ANY . has furn:l:SIiiCf8Ilplant, labor, services, materials and equipment and' all utilities and transportation, and performing all work necessary for the construction and completion, in ~ good and workmanlike manner, in strict accordance with the specifications, plans and. drawings of said public improvement as specified in the notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by ffA 'PUh1 it! TJn:5'ka n~pA~tment: ., and the contract me e and entere into w th it by the City of Anaheim, and WHEREAS, the ni r8t!rr of 'Puhlic......lio.rks ' has duly certified to the construct on and complitlon of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said R cl .T _ NO'RT.E COMPANY , ; an , ' WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the prQvisions of the contract and the contract documents, and that notice of completion should be filed and p.yment 'of the balance due said contractor authorized in.accordance with the cont~act documents. -2- ,-.... NOW'~ THElU:FORI::" BE IT RESOLVEO hi the City Council of the City of Anatlt'lm th.at all pl ant, labor:) litl'rvices, material 9 and equipment and all utilities and transportation, and the pp.r- formance at a1.1 work nf!.:essary to construct:, in.stall and (~om- plete, in a goud and ,^'orkm~nlik.e md.nner,~ in stri~t accorda.nce with the specifications, plans and dtdwings therefor on file in the Office of the City Cle.rk of the 'City of Anaheim, together with the appurtenances thereto, 86id public improvement herein- above more p~rtic~l&rly described and set forth, in the City of . Anaheim, hy Baie contractor, be, and the 86me are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contrll('t documpnts, and that the ba.1.anc-El due said contractor for Raid work ',e pi,tid t (,i it _ thirty'-five (35) days from and after final accepcl1nce of sala'lo1ork as evidenced by the adoption of this re:solut"ion, but not sooner t.han thirty (30) da.ys after the date of the filing of notice of completion, excepting only such sum or sums as ~~y lawfully be withheld in accordance with the provisions of s~id contract and contract docum~nts. That accept- ance by the contractor of said payments made in Accordance ~ith said final estimate shall operate and shall be a release to the City of Anaheim, it.s officers., agents &l"ld employees from all claims and liAbilities d~e the contractor for anything done or furnished or withheld or for anything relating co the work or any. act or neglp.ct of the City, its officers, agents and e~ployees, excepting only claims a8ft.inst the City for amounts wit.hheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Y.yor and the City Clerk of the CJ.ty of Ar~4ihe1m be, s.nd the'y are hereby 8'-lt.horized to execute and file a notice of completion of said work. 48 required by l4w. THE',OREOOING RESOLUTION 18 approved and signed by me 251:h day of Januarv , 19 66 . this . -. .,. . I !t ~ effa7~ . .- ~d w -' ~ Y'--" Mfoll ~ tll . II ATTEST: ..-...., ; i ~ " "I r,( '2 1--... . ~ ojKetW~'DT ,--- -3- - - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R-56 was introduced arid adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 25th day of January, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R-56 on the 25th day of January, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of January, 1966. r'; '-_, _, ~___.._. ~. .Jr!. &,.;.I.-e.&~~,.-c./ CITY' 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. 66R-56 duly passed and adopted by the Anaheim City Council on January 25, 1966. . I ", f '. U-~ " :bt. (" \ .........._~-- - ., . J J ."'".J.J' ~a ... ....c..~ - CITY CLERK ...-...