59R-5356
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RESOLUTION NOo 5356
A RESOLUTION OF THE CITY COUNCIL OJ' THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PJ..ANT p LABORp SERVICES, KA.-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INOLUDING POWERp FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO OONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IKPROVEMENT, TO WIT:
THE IMPROV~{ENT OF LOS ANGELES STREET. FROM BALL
~OAD TO MIDWAY DRIVE, JOB NO. 228.
WHEREAS, the City Council of the Oity of Anaheim did
oause to be published in a newspaper Of general oiroulation,
printed" published and ciroulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the _22nd and 29th 4~Ys of Januarv ,
19~~ a notice inviting sealed proposals for furnishing the
followingg
All plant, labor, services, materials and equip-
ment, and all utilities and transportation, in-
cluding power, fuel and water, and performing all
wark necessary to. construct and complete, in a
good and workmanlike manner, in strict accordance
with the specifications, plans and drawings there-
for on file in the office of the City Clerk ar City
Engineer of the City of Anaheim, the following public
improvement, to wit: The improvement af Las Angeles
Street, fram Ball Road to. Midway Drive, by excava-
tion, canstructian af 6 inches af untreated rock
base, construction af 3-inch plant-mix surfacing,
including paint binder and weed killer, adjusting
existing manhales to. grade, and appurtenant work,
as indicated an the plans, Jab No.. 228,
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in aocordanoe with the designsp plansp prOfiles and speoifica.-
tions prepared by Thornton E. Piersall. City En2ineer.
and the notioe inviting sealed proposalsD which said notic. speoi-
fied that sealed proposals as speoified in said notice would be
received up until < 2:00 o'olook PoKe of the c,~J,9th d83 of
February. . 19-5.2-D and whioh said notice did state and
deolare that, pursuant to the provisions of Section 1170 of the
Labor Oode~ the City Council of tne City of Anaheim had asoertain.d
the prevailing rate of wages for each type of labor needed to exe-
cute said oontract and did set fOrth the prevailing hourly wage
scale so ascertained; and ' .
WHEREAS, on February 19 D 19-2.2-. at the hour of
2:00 oBolock P.M." the City Clerk and City Engineer of the
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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 necessary to con-
struct 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 hereinabov~ mere pa~tlcularly described and
set forth, in public" in the Ctty' Counell Chamber in the City Hall,
Anaheim, California, and the City Engineer did tabulate the result
of said sealed proposals and did make a report to the City Council
at its next~~t'~_~~n_ ~_~t~reg\llar meeting>> and
WHEREAS, the City Council of the City of Anaheim did, at
its next ~ . __ _ . regular meeting. held on the 24th day
of ~rua!,;[~.~~.~._, 19~, at the hour of ~:OO o'clook P.K.,
consider the sealed proposals submitted for furnishing the materi-
als and performing the work hereinabove more particularly described
and set forth. ~ld did thereupon find and determine that the sealed
proposal submitted by H. J._NOBLE CONPANY, P. O. BOX 620. Orange.
California, ... _ _0_
for the construction. installation and completion of said Job No.
228. The Improvement of Los Angeles Street.
hereinabove mentioned and described. was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said_lL.-~ J~...,Noble Company
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for furnishing all plant. labor. ser~ices. 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 pUblic improvement as
specified 1n said notice invi t:Lng sealed proposals, and did author-
ize the Mayor and the City Clerk of the Oity of Anaheim to execute
a contract for and on behalf of the City of Anaheim with R. J.
Noble Compan;y ~~~__".~~~~
which said contract was duly made and entered into on the 2nd
day of March _ _ , 19~2,L;; and
WHEREAS, the said H. J._ _Noble Company
_ . _ _ has furnished all
plant, labor. ser~ioes, materials and equipment and all utilities
and transportation, and performed all work necessary for the con-
struction and completion" in a good and workmanlike manner. in
striot aocordance with the specifications. plans. drawings. of said
pUblic improvement as specified in the notice inviting sealed pro-
posals and in the detail. design" plans, prOfiles. drawings and
specifications prepared by Thor~ton E. Piersall. City Engineer,
~~~~~~~~=~"~, and the contract made and entered
into with it by the 01 ty of Anaheim; and
WHEREAS" the Cit~cEnE..ineer __has dull
certified to the construction and completion of said pub1ic 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, ~~Noble Company
; and
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WHEREAS, the City Council finds that said contractor has
completed said pUblic improvement hereinabove more particularly de-
scribed in accordance with the prOVisions of the contract and the
contract documents, and that notice of completion shou.ld be filed
and payment of the balance due sald contractor authorized in aocord-
ance with the contract documents.
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NOW. THEREFORE. BE IT RESOLVED by the Oity Counoil of the
Oity of Anaheim that all Plant. labor. services, materials and
equipment and all utilities and transportation. and the performanoe
of all work neoessary to oonstruot. install and complete, in a good
and workmanlike manner. in strict aooordance with the speoifica-
tions. plans and drawings therefor on file in the Office of the City
Olerk of the City of Anaheim, together with the appurtenanoes
thereto. said public improvement hereinabove more particularly de-
soribed and set forth. in the City of Anaheim, by said oontractor,
be. and the same are hereby accepted, subJeot, nevertheless, to all
the terms. conditions and provisions of the contraot documents, and
that the balance due said oontraotor for said work be paid to it
thirty-five (35) days from and after final aooeptanoe of said work
as evidenced by the adoption of this resolution, but not sooner than
thirty (30) days after the date of the filing of notice of oom-
pletion, excepting only such sum Or sums as may lawfully be withheld
in accordance with the provisions of said oontract and oontract
documents. That acceptanoe 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 em-
ployees. excepting only olaims against the City for any amounts
withheld by the City at the time of such payment.
AND BE IT FURTHER RESOLVED that the Mayor and the Oity
Olerk of the City of Anaheim be, and they are hereby authorized to
execute and file a notice of oompletion of said work as required
by law.
THE FOREGOING RESOLUTION is approved and signed by me
this lhh day of Julv , 19~.
ZLT EST:
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CITY OLERK OF THE OITY OF AliAHEIK
STATE OF CALIFORNIA )
OOUITY OF ORANGE ) ss.
OITY OF ANAHEIK )
I. DENE M. WILLIAMS , Oity Olerk of the Oity ot
Anaheim. do hereby oertify that the foregOing resolution was intro-
duced and adopted at a regular meeting provided by law
of the City Oouncil of the Oity of Anaheim, held on the lhth day
of ~lly , 19~. by the following vote:
AYES: OOURCILKEN: Borden, Coons, Fry, Pearson and Schutte.
tIJ, ~~
KAY ROTHE CITY OF ANABE
NOES:
COUIOILHElh None.
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ABSENT: COUROILKEI: None.
AND I FURTHER CERTIFY that the Kayor of the City of
Anaheim approved and si~ned said resolution on the Ihth day of
Julv . 19 9 .
IN WITNESS WHEREOF. I have hereunto set my hand and affixed
the offioial seal of the City of Anaheim this Ihth day Of
Julv . 19..2L.
( SEA.!.. )
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or . OLERK OF THE OITY F .
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