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66-603RESOLUTION NO, 66R- 603 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 IMPROVEMENT, TO WIT THE IMPROVEMENT OF BALL ROAD FROM APPROXIMATELY 1320 FEET WEST OF SUNKIST STREET TO APPROXI- MATELY 1475 FEET WEST OF SUNKIST STREET, AND THE ALLEY APPROXIMATELY 1305 FEET EAST OF STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, JOB NO. 1014. 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 a The Anaheim Bulletin., on April 21st and A l pp 1966 a notice inviting sealed pro posals for u T the following 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 Bali Road, from approximately 1320 feet west of Sunkist Street to approximately 1475 feet west of Sunkist Street, and the alley approximately 1305 feet east of State College Boulevard, from Ball Road to approximately 203 feet south of Bali Road, in the City of Anaheim, con- sisting of excavation, including haulaway and disposal; construction of asphalt concrete pavement, aggregate base, P.C.C. curb and gutter, P.C.C. alley gutter and intersection, P.C.C. driveway and sidewalk, and redwood headers; instal- lation of paddleboards and metal beam guard rail, 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. 1014. in accordance with the designs, plans, profiles and specifica- tions prepared by the P blic Works Departm 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 5th day of May 1966 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 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 May 5 1966 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, 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 particularly de- scribed and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did m -ke 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 10th day of Ma 19 66 at the hour of o 'clock P.M., con si er t e sealed proposals submitted or urnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine th. -t the sealed proposal submitted by R. J. NOBLE, COMPANYy P. O. Box 620, Orange, California for the construc- tion, inst.11ation and completion of said improvement of Bali RQ1i and said alle in the Cit of Anaheim Job. No. 1014 eteina. :mentlone• n• escri•e• was t e lowest responsible proposal submtted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPANY for furnishing a plant, or, services, materils and equipment and all utili- ties and transportation, including power, fuel nd water, and per- forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the spf-cifica- tions, plants 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 An =heim to execute a con- tract for and on 'behalf of the City of Anaheim with R _!._U_'. which said contract was •u' y ma •[e and entere int on t' e __11th day of Mav 19 66 and WHEREAS, the s -yid R. J. NOBLE COMP has urnis eta a p' ant, a'•or, services, materials and eau pment and all utilities and transportation, and performing all work necessary for the construction and completion, in a good and workmanlike m. -nner, 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 the Public Works De•artment and the contract ma •e an entere• int wi it •y t e City of Anaheim; and WHEREAS, the Dlrector of Public Works has duly certified to the construction and completi o r said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with s. R. J. NOBLE COMPgN nd WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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 accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor,Yervices, materials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete, 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, 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 provisions of the contract documents, and that the balance due said contractor for said work '3e paid to it thirty -five (35) days from and after final acceptance of stork as evidenced by the adoption 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 in accordance with the provisions of said contract and contract documents. That accept- ance 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 officers, 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, excepting only 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 are 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 13th day of September 1966 ATTEST: CI Y CLERK OF THE CITY OF ANAHEIM YOR OF THE CITY 0 ANAHEIM 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 -603 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 13th day of September, 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 -603 on the 13th day of September, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the city of Anaheim this 13th day of September, 1966. (SEAL) City Clerk CITY CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -603 duly passed and adopted by the Anaheim City Council on September 13, 1966 L)1/i.