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58R-4407 RESOLUTION NO. 4407 ,.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, J:.AOOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENTs THE IMPROVE- =T gF LO~RA STREET. FROM LINCOLN A VE- T CRO AVENUE. JOB NO. 156. WHEREAS, the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wits The Anaheim Bulletin, on the 15th and 22nd days of October , 19 r:J7 , a notice inviting sealed pro- posals for furniShing the followings 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 the City Engineer of the City of Anaheim, the follow- ing public improvement, to wit: The Improvement of Loara Street, from Lincoln Avenue to Crone Avenue, consisting of excavation, paving with four inches of plant-mix sur- facing, construction of curb and gutter, adjusting exist- ing manholes to grade and appurtenant work, as indicated on the plans, Job No. 156, ,"""""'.0 in accordance with the designs, plans, profiles and specifications prepared by GeerlZ6 E _ He I yoke, City EDiin eer and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until :r:RO 0' clock P. M. of' the 2qtn day of October , 19...iI., and 1Ih c 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 pre- vailing hourly wage scale so ascertained; and an adjourned WHEREAS, ata/regular meeting of the City Council held on the 29th day of OctohAl" , 19 57 , at the hour of 7: 00 0' clock P. M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and -1- complete, in a good and workmanlike manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the City Clerk of the City of Anaheim, of the public improvement hereinabove more particularly ~ described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the C1 tv ftlZ1Ileer for examination, tabulation and report to the City Cou~ and sai 01 t:v ~n~ineer did thereupon examine and tabulate said sealed pro- posals and repor he result of his tabulation to the City Council; and WHEREAS, the City Council did meet in adjourned regular session on the 2gth day of October , 1921-, at the hour of .7J.QQ.ot clock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove lOOre particularly described and set forth, and the Ci ty En~1neer of the City of Anaheim did thereupon make his report an submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by R. J. NOBLE COMPANY. p. O. Box 620. Orange, California for the construction, installation and com- LOARA STREET. FROM LINCOLN AVENUE TO pletion of said IMPROVEMENT OF ~,AVENUE, JOB NO. 1~6, hereinabove mentioned and des- cribed was the lowest resnonsible pronosAl submitted therefor, and thereupon ac- cepted said bid and did award a contract to said R. J. 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 complete, in a good and work!~anlike manner, in strict accordance with the specifications, plans, and drawings, the sa'd 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 COMPANY, P. O. Box 620, Oranie, Califo~nia which said contract was dul.y made and entered into on the 1 st day of November , 19~; and WHEREAS, the said R. J. NOBLE COMPANY has furnished all plant, labor, services, 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 and in the detail, design, plans, profiles, drawings and specifications prepared by George Eo HolYOke, City Engineer ,and the contract made and enterecr- into with 1 t by the City of Anaheim; and WHEREAS, the Ci tv Enp:ineer the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said ; and has duly certified to improvement hereinabove mentioned specifications and the contract R. J. NOBLE COMPANY WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove lOOre particularly described in accordance with the provisions of the contract and the contract documents, and that notice of com- pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. ._. NOW, THEREFORE, BE I'1' H~OLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the perforrr~nce of all work necessary to construct, install and complete, in a ~ood and workmanlike manner, in strict accordance with the spe- cifications, plans and drawings therefor on file in the office of the City Clerk of the City of All&leim, together with the appurtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City of An~~eim, by said contractor, be, and the same are hereby, accepted, subject, -2- ,.-... nevertheless, to all the terms, conditions and provisions of the contract docu- ments, and that the balance due said contractor for said work be paid to it thirty-five (35) days 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 compJption, 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 pa~nents 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 lia- bilities 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 any 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. day of THE FOREGOING RESOLUTION is signed and approved by me this March , 19 58 . 11th L;/; -2 /~ /~ t:}_-~~~'~17 ~____C:L-1 ~/-z-.--...... MAYOR OF THE CITY OF ANAHEIM ~ ATTESTI , ~l ". _ 'Z/ . CITY LERK ) "'T ' '- -'/ 1? OF<fuE---ciTi of'arllEIM STATE OF CALIFORNIA ) COUKTTY OF ORANGE ) SSe CITY OF ANAh~IM ) Anaheim, at a of I, DENE M. ~~.IAMS , City Clerk of the City of do hereby certify t a the foregoing Resolution was passed and adopted -_ regular meeting of the City Council held on the 11th day March , 19~, by the following vote of the members thereofl AYES I COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUNCILMEN: None ABSENT I COUNCILMEN I None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 11th day of March , 19.5,L. IN WIT!tESS WHEP~OF, I have hereunto set my hand andafftxed the seal of the City of Anaheim this 11th day of March, 19 '58 . ..,- ,. )"""'. --. -- ~-. Ii, ~)Jr.~/~ . CI CLERK OF THE CITY OF ANAHEIM (SEAL) -3-