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58R-4581 RESOLUTION NO. 4581 -- A RESOLUTION OF THE CITY COID{CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING '.mE 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 'ID CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT. THE IKPROVE- 5$ ~~ ~T!iT. FROM LOS . - TO CITROIl S~T. JOB NO. lC;'1. 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 8th and l~th n~YA of OP.tober , 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, fuel and water, and perfor.ming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the plans and speci- fications on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following public ilIlprovement, to wit: i'he Improvement ot La Verne Street, from Los Angeles Street to Citron Street, con- sisting of excavation and removal of existing material, paving with tour inches of: plant-mix surfacing, adjust- ing existing manholes to grade, and appurtenant work, as indicated on the plans, Job No. 153, in accordance with the designs, plans, profiles and specifications prepared by George E. Holyoke, City Engineer 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 0' clock P. M. of the 22nd day of October , 19...2L, and wh ch 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 22nd day of October , 19 57 , 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 workmanlike manners 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 C~ty f1iineer for examination, tabulation and report to the City Cou~ an sai Ci tv 7'~ineer did thereupon examine and tabulate said sealed pro- posals and repor 1e result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 22nd day of October , 19--21-., at the hour of7:00 oiclock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the at ty R~~inAe:r 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. XOBLE COMPANY. P. O. Box 620. Oran2e. California for the construction, installation and co~ pletion of' said IMPROVI!JlElJT OF LA VERlfE S'f'RRR'l', JOB XO. lC;~ hereinabove mentioned and des- cribed was the lowest resDonsible orono~~} submitted therefor, and thereupon ac- cepted said bid and did award a contract to said R. J. XOBLE COMPANY 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 workn~nlike manner, in strict accordance with the specifications, plans, and drawings, ti'e 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. IOBLE COMPAllY, P. O. Box 620. Orange, Calit:ornia - which said contract was dul,v made and entered into on the 23rd day of October , 19-21-, 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, desiEn, plans, profiles, drawings and specifications prepared by George E. Holyoke, City Engineer , and the contract made and entere~ into with it by the City of Anaheim; and WHEREAS, the City 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 COMPAIY 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 with the contract documents. "'---............ NOW, THEREFORE, BE I'T' R1l:S0LVED 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 An~eim, together with the appurtenances thereto of said public improvement heretnabove more particularly described and set forth, in the City" of Anaheim, 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 compl..tion, excepting only such sum or sums as way 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 nth, June , 19 58 . ~~ ATTEST. /- -- C;-/ k j U_) i " .' / H", }t. u--/~<L--'" CiTY CLERK OF THE CITY 0 ANAHEIM STJ.TE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) SSe Anaheim, at a of I, DDE M. WILLIAMS. , City Clerk of the City of do hereby certify that the foregoing Resolution was passed and adopted regular meeting of the City Council held on the 1!-tJ.t day June , 19 c;a ,by the following vote of the members thereof. AYES. COUNCILMEN Pearson, Borden, Schutte and Coons NOES I COUl~CILMEN None ABSENT. COUNCILMEN. Fry AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the - 11-t.h day of June , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and - affixed the seal of the City of Anaheim this .l:.-i1I...il:L..day of June , 19...5a-. -,>o_.~ //'1. ]-~ 4~LERK OF THE CITY OF ANAHEIM (SEAL) -3-