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59R-4982 - RESOLUTION NO. 4982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, HA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE TM"PHOVRlofRN'l' OW I.A PALMA AVH!1IlTTR WHOM RrTCr.m AVENUE TO 1100 FERT WESTERLY, JOB 50_ 18h 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 ~Oth day of Appil .nd thA 7th day of May, 19~, a notice inviting sealed proposals for furnishing 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 Clerk or City Engineer or the City of Anaheim, the following public improvement, to wit: The Improve- ment of La Palma Avenue, from Euclid Avenue to l300 feet westerly, by excavation, curb and gutter construction, paving with four inoh.s of plant-mix surfaeing and appurtenant work, as indioated on the plans, Job No. l86, -- in accordance with the designs, plans, prOfiles and specifica- t10ns prepared by GAnpgA E, HQJ1~kt, City EnginAAP, and the notioe inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notioe would be reoeived up until 2:00 0' clock P.M:. of the li)tb day of May , 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 eaoh type of labor needed to exe- oute said oontract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on May 1 t:;th , 19-58..., at the hour of o'olock P.M., the City Clerk and City Engineer of the " 2:00 -1- -- .~ Oity of Anaheim did open said sealed proposals reoeived up to that time for the furnishing of all plant, labor, servioes, materials and equipment, and all utilities and transportation, inoluding power, fuel and water. and performing all work neoessary to oon- struot and oomplete, in a good and workmanlike manner, in striot aooordanoe with the specifications, plans and drawings therefor on file in the Offioe of the City Olerk of the Oity of Anaheim, 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 City Engineer did tabulate the result of said sealed proposals and did make a report to the City Counoil at its next adjourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adjourned regular meeting, held on the 20th day of MAT ' 19-5a-. at the hour of 7:00 o'olook P.K., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth, and did thereupon rind and determine that the sealed proposal submitted by R. J. NOBLE COMPANY. P. O. Box 620. Oranie~ California for the construotion, installation and completion of said TV'P'R()VWM'WlJ'l' ow T..,6, PAT.VA A~NTT~ .TO"R va , Ah hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contraot to said R. .T. NOBLE COMPANY for furnishing 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 oomplete, in a good and workmanlike manner, in strict aocordance with the speoifications, plans. and drawings, the said pUblio improvement as speoified in said notice inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a contraot for and on behalf of the City of Anaheim with R. J. NOBLE COMPA.liIY whioh said contraot was duly made and entered into on the 23rd day of Kay , 19-5!-; and , WHEREAS, the said R. J. NOBLE COMPANY has furnished all plant, labor, servioes, materials and equipment and all utilities and transportation, and performed all work neoessary for the con- struction and completion, in a good and workmanlike manner, in striot aooordanoe with the specifioations, plans, drawings, of said pUblio improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and speoifioations prepared by G~n~g.~. Hn'1n~.J Ci~! Engin.A~ , and the oontract ma e and entered into with it by the City of Anaheim; and WHEREAB, the City En~i nUll has dull oertified to the construction an completion of said pUblic improve- ment hereinabove mentioned and described, in aocordance with the plans and specifioations and the oontraot documents duly made and entered into with said R. J. NOBLE COMPA~Y ; and .~ WHEREAS, the City Oouncil finds that said oontractor has completed said pUblic improvement hereinabove more partioularly de- scribed in aocordanoe with the prOVisions of the contraot and the oontract doouments, and that notioe of completion should be filed and payment of the balance due said contractor authorized in accord- anoe with the contract documents. -2- '-. ~~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant. labor. services. materials and equipment and all utilities and transportation. and the performanoe of all work necessary to construct. install and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions>> plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim. together with the appurtenanoes thereto. said public improvement hereinabove mOre particularly de- scribed and set forth, in the City of Anaheim. by said contractor, be. and the same are hereby aocepted. subject. nevertheless, to all the terms>> conditions and provisions of the contract documents. and that the balance due said contractor for said work be pa1d to it thirty-five (35) day's from and after final acceptance 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 com- pletion, excepting only such sum or sums as may lawfully be withheld in accordance with the prOVisions of said contract and contract documents. That acceptance 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 claims 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 C1 ty 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 .ranUlH'Y >> 19...59-0 a ~, <;5,,-1<-< 11i MAYOR OF CITY OF ANAHEIM - A~EST :_-j '; 9--< _ ~~L~ /Jt. ?u~~ CITY CLERK OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA ) COmITY OF ORANGE ) s s. CITY OF ANAHEIM ) I>> DUE M. WILLIAMS . City Clerk of the City of Anaheim. do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Counoil of the Oity of Anaheim>> held on the 13th day of January p 19~, by the following vote: AYES: NOES: OOUNCILKEN: Borden, Coons, Fry, Pearson and Schutte COUNCILMEN: None ,- ABSENT: COUNOILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and sl~:ed said resolution on the l3th day of January >>19 0 IN WITNESS WHEREOF>> I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1 ~th day of JallUUOT . 19~. .~ ( SEAL ) &._~,]/~ CITY clHx OF THE CITY OF ANmIM -3-