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58R-4406 .. RESOLUTION NO. 4406 ,.- A RESOLUTION OF THE CITY COm~CIL OF THE CITY OF A~ULqEIM FIraLLY ACCEPTING TIiE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY ro CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT. THE IMPROVE- MENT OF ROMNEYA DRIVE, FROM PLACENTIA A.VENUE TO 660 FEET WESTERLY, JOB NO. 1 c;4 - 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 wit: The Anaheim Bulletin, on the 15th and 22nd days of October , 19 57 , a notice inviting sealed pro- posals for furnishing the following. All plant, labor, services, materials and equipment, and all utilities and transportation, including power, ruel 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 following public improvement, to wit: The Improvement of Romneya Drive, from Placentia Avenue to 660 feet westerly, consisting of excavation, paving with four incnes of plant-mix surfacing, adjusting existing manholes to grade and appurtenant work as indicated on the plans, Job No. 154, _. in accordance with the designs, plans, profiles and specifications prepared by GeorlZe E. Holyoke. Ci tv Enaineer and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 1 :00 o' clock P. M. of the 29th day of October , 19...21., 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 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, at.regular meeting of the City Council held on the 29thday of October ,19 r:)1 , at the hour of 7:00 o'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 workr.anlike manner, in strict accordance with the speci- ficationsy plans and drawings therefor on file in the office of the City Clerk of the City of An~leim, of the public improvement hereinabove more particularly described and set forth; and .,..- WHEREAS, the City Council did thereupon refer said bids to the Ci ty Engineer for examination, tabulation and report to the City Counc~ and said City EnQ:ineer did thereupon examine and tabulate said sealed pro- posals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in adjourned regular session on the 29th day of, October, 19...21.-, at the hour of 7:0001 clock P. 'M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the City Engineer of the City of Anaheim did thereupon make his report and 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 co~ OF ROMNEYA DRIVE. FROM PLACENTIA AVENUE NO. It:;l.L. pletion of said IMPROVEMENT TO 660 FEET WESTERLY, JOB hereinabove mentioned and des- cribed was the lowest resnonsible Dronos~l 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 perforrnine; all work necessary to construct and completey in a good and workrr~nlike rranner, in strict a8cordance 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 tc execute a contract for and on behalf of the City of Anaheim with _ R. J. NOBLE COMPANY, P. O. Box 620, Oran~e, California which said contract was dul.Y made and entered in 0 on the 10th day of Dc to ber , 19-51-; 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 ilJprOvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by Geor~e E. Holyoke. City Engineer, , and the contract made and enterecr-- into with it by the City of Anaheim; and WHEREAS, the _ City Engineer the construction and completion of said public and described in accordance with the pI,ans 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, t,he CIty Council finds that said contractor has completed said public improvement hereInabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of co~ pletion should be filed and paJ"ffient of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT R1<;SOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and complete, in a good 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 Anaheim, together with the appurtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheiffi;t 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 b,y the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of complption, excepting only such sum or sums as may lawfully be withheld in accordance vdth 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 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 11th Mal'ch , 19 58. ./// .--(" /J 1'~rf1A'~ O<F~~C~~~ ATTEST, \.:,~ l/~y C~~OFTit{~15fAN~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAPEIM ) I, Anaheim, do hereby at a of March DENE M. WILLIAMS , City Clerk of the City of certify that the foregoing Resolution was passed and adopted regular meeting of the City Council held on the 11th day , 19 58 , by the following vote of the members thereof, AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES I COUNCILMEN: None ABSENT: COUNCILMEN. None AND I FURTEER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 11 th day of March , 19--5.6-- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of March, 19~. - ...._..__~_u_ ~ hi. )vL,~~...~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ~~AHEIM ) ~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 11th day of March, 1958, by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 11th day of March, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of March, 1958. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) -.--