58R-4360
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RESOLUTION NO. 4360
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A RESOLUTION OF THE CITY COID{CIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COlQ'LE'l'ION
AND THE FURNISHING OF ALt. PIANT I L4BOR1 SEP...
VICES I MATERIALS AND EQUIPMENT AND ALL UTIL-
ITIES AND TRANSPORTATION INCLUDING POWER1
FUEL AND n ~I AND PERFORMING ALL 'WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOIING PUBLIC IIPROVEMENT. 9DlPROn:-
3~~~&: :i~a&~O~O ' ' ~Rll)l.
~I the City Council Qf the City of Anaheim did cause to be pub-
lished in a newspaper of general circulation, printedl published and circulated
in the City of Anaheim, to wit. The Anaheim Bulletin, on the 24th d:I or
a.-i. ~ t;.a.e 1.1; day 0) o~. , 19 $7 , a notice invitipg seal pro-
posals :for furniShing the 01 wing.
All plant, labor, .ervice., ..terial. and .,uipment,
and all utilities and transportation, including power,
ruel and water, aDd perforaiDg all work Doce.sary to
eODatruct and eomplote, iD a good and workmanlike manner,
in strict accordance with the plans and specifications
on file in the office of the City Clerk or City EngiDeer
of the City or ADaheim, the following public improvement,
to wit: Tho Improvomont of Palm street, frem Harber
Boulevard to Ball Road, by excavation, paving with rour
inches of plant-mix surfacing, curb construotion, adjust-
ing oxiatiDg mamholes to grade, and appurtenant work all
iDdieate. on the plans, Job Xo. 151,
in accordance with the designs, plans, profiles and specifications prepared by
Go.r~e E.. Rolyoke. Cat.,. h~.1~.r and the notice inviting sealed
proposa181 which said notice speci ed that sealed proposals as specified in
said notice would be received up until 7~QO 0' clock P. M. of the 8th day
of Octeblr , 19..51., and wh1c 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
WHEREAS, at a regular meeting of the City Council held on the 8th day
of patllDAl" , 19~7 ' at the hour of 7:&(:) 0' clock P. M. of
said date, said City Council 1d hold a public hearing for the purpose of opening
sealed proposals received up to that time, for the furnishing of all plant, laborl
services, materialsl and equipment I and all utilities and transportationl in-
cluding powerl fuel and waterl and performing all work necessary to construct and
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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
1;)1 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
~.~~__for eXamination, tabn)"tion and report to the City Cou~
~2i1'l..r did thereupon examine and tabulate said sealed pro-
posals and report he result of his tabulation to the City Council; and
WHEREAS, the City Council did meet in regular session
on the 8th day 0 f Oc tob .r , 19...51..-, at the hour of .l1J.Io I clock P. If.
to consider the sealed proposals submitted for furnishing materials and performing
the work hereinabove more particularly described and set forth, and the
a1 tx :g_i1n88r 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. .OBLE COMPAIY. P. O. Box 620~ Oran2.. California
for t e construction, installation and
pletion of said ROVI:MENT OFi P ST FROM OR OU
BALL R JOB .0
hereinabove mentioned and es-
cribed was the lowest resnonsible propos~] submitted therefor, and thereupon ac-
cepted said bid and did award a contract to said ~. J. NO'RT.~ COMPAIY
for furnishing all plant, labor, services,
materials and equipment and all utilities and transportation, including power,
fuel and water, and performing all work necessarJ to construct and complete, in
a good and workmanlike manner, in strict accordance with the specifications, plans,
and drawings, the sa'l,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. .O.L~ CnwPAIY, P. O. Dex ~20, or.n~.. Caliro~ni.
which said ,contract was duly made and entered in 0 on the qth day of
October , 19--2L; and
WHEREAS, the said 1l. J. NOBLE COMPAU
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 b.Y
G80:r.cra ~ _ 110] T8lrl1 CH i:X Tl:ag'f..~ , and the contract made and enterecr-
into Wit it y the Ci~ 0 Anaheim; and
WHEREAS, the City :gnii...r
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. :r. lifB'RT.'R COMP4llT
WHEREAS, the 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 payment of the balance due said contractor authorized
in accordance w:i.th the contract documents.
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NOW, THEREFORE, BE IT T'lESOLVED 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 Anaheim, by said contractor, be, and the same are hereby, accepted, subject,
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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 surns
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 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
February , 19 58 .
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ATTEST.
fW ' , ,
A' -"-L__:a.. " -'j, ~ ~", --r.-/-/.A' .A ~~-
CITY CLERK OF THE CITY OF ANAJmIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAl-IEIM )
I, DE~ M. FIJ..Mf, , City Clerk of the City of
Anaheim, do hereby ce ify t at the oregoing Resolution was passed and adopted
at a __ regular meeting of the City Council held on the 11 t:h day
of - February , 19...5a-, by the following vote of the members thereof.
AYES. COUNCILMEN Pearson, Coons, Fry, Schutte and Wisser
NOES: COUNCILMEN None
ABSENT. COUNCILMEN. None
AND I FURTEER CERTIFY that the Mayor of the City of Anaheim signed and
approved said Resolution on the 11th day of FRhP1'.1"T ' 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 11th day of February, 19-5.8...
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(SEAL)
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