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58R-4455 - - RESOLUTION NO. 4455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLAIT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND OOMPLETE THE FOLLOWING PUBLIO IMPROVEMENT, TO WIT: THE IMPROVEMENT OF NUTW'OOD STRF.~, FROM 'RA T.T. ROAD TO 1,000 FEET SOTJTHF.RT.Y, .TOR NO. If,?. WHEREAS, the City Counoil of the City of Anaheim aid oause to be published in a newspaper of general oiroulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 20th and 27th davs of December , 19~, a notioe inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, 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 accord- anoe with the specifications, plans and drawings therefor on file in the office of the City Clerk or City Engineer of the City of Anaheim, the following public improvement, to wit: The Im- provement of Nutwood Street, from Ball Road to 1,000 feet Southerly, by excavation, paving with four inches of plant-mix surfacing, adjusting existing manholes to grade, construction of cross- gutter, and appurtenant work as indicated on the plans, Job No. 162, - in accordanoe with the designs, plan., prOfiles and speoifioa- tions prepared by Georie E. HolynkA, r.it.y ~~gi"AA~ and the notioe inviting sealed proposals, whioh said notice speci- fied that sealed proposals as speoified in said notice would be reoeived up until 2:00 o'olock P.M. of the ?nd day of Januarv , 19~, and whioh said notioe did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had asoertained the prevailing rate of wages for each type of labor needed to exe- oute said contract and did set forth the prevailing hourly wage 80ale so asoertained; and WHEREAS, on Januarv 2 , 19...,2L, at the hour of 2:00 o'olook P.M., the Oity Olerk and City Engineer of the -1- .- -. ;-- Oity of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servioes, materials and equipment, and all utilities and transportation, including power. fuel and water, and performing all work neoessary to con- struct and complete. in a good and workmanlike manner, in strict accordanoe with the specifications, plans and drawings therefor on file in the Office of the Oity 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 Council at its next adjrnl~nAd regular meeting; and WHEREAS, the City Council of the Oity of Anaheim did, at its next adjourned regular meeting, held on the 7th day of .Tanuary . 19....5lL. at the hour of 7:00 0' clock P.K., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by R. J. NOBLE COMPANY. P. O. Box 620. Orania. California for the construction. installation and completion of said IMPROVEMENT OF NUTWOOD STREET. JOB NO. 162 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor. and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPANY. P. O. Box 620. Oran~a. California 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 workmanlike manner, in strict accordanoe with the specifications, plans, and drawings. the said pUblio improvement as specified 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 Oity of Anaheim with R. J. ~OBLE COMPANY. P. O. Box 620. Orania. California which said contract was duly made and entered into on the 8th day of January . 19.-i!L; 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 con- struction and completion. in a good and workmanlike manner, in striot accordance with the specifications, plans, drawings, of said pUblic improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and .pecifications prepared by Geor~e E. Holvoke. City EniinAA~ . and the oontract made and entered into with it by the City of Anaheim; and WHEREAS, the City En~in,er has dull cert1f1ed to the construct1on and completion of said pUblic 1mprove- ment hereinabove mentioned and described, in aooordanoe with the plans and specifications and the oontraot doouments duly made and entered into with said R. J. NOBLE COMPANY ; and r WHEREAS, the City Oouncil finds that said contraotor has completed said pUblic improvement hereinabove more particularly de- scribed in aocordance with the prOVisions of the contract and the oontract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in aooord- ance with the oontract doouments. -2- -- ,.-. lOW. THEREFORE. BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant. labor. servioes, materials and equipment and all utilities and transportationD and the pertormanoe ot all work neoessary to construct. install and oomplete, 1a a good and workmanlike manner. in strict accordance with the speoifioa- tions. plans and drawings therefor on file in the Otfioe of the City Clerk of the City Of Anaheim. together with the appurtenanoes . thereto. said pUblic improvement hereinabove more particularly de- soribed and set forth. in the City of Anaheim. by said oontraotor, be, and the same are hereby acoepted. subject, nevertheless, to all the terms. oonditions and provisions of the oontraot doouments, and that the balance due said contraotor for said work be paid to it thirty-five (35) days from and after final acceptanoe ot said work as evidenced by the adoption of this resolution. but not sooner than thirty ('0) days after the date of the filing of notioe of oo~ pletion. excepting only such sum Or sums as may lawfully be withheld in aocordance with the provisions of said contraot and oontraot doouments. That aooeptanoe by the contraotor of said payments made in aooordanoe 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 oontraotor for anything done or furnished or withheld or for anything relating to the work or any act Or negleot of the City. its offioers, agents and e~ ployees, exoepting only olaims against the City for any amounts withheld by the City at the time of such payment. .AND BE IT FURTHER RESOLVED that the Hayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to exeoute and file a notioe of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of A'Drll . 19~o (/1">' ..7, /;) J/Y ~~~~--~1Aim MAYOR OF THE CITY OF A ~T If: ~ ~ ~~- 01 CLERK OF THE OITY OF IX STATE OF CALIFORNIA ) OOUln: OF ORAlGE ) s s. OITY OF ANAHEIK ) I. DElE M. WILLIAMS >> City Olerk of the Oity ot Anaheim. do hereby oertify that the foregoing resolution was intro- duoed and adopted at a regular meeting provided by law of the City Council of the Oity of AnaheimD held on the 8th d&1 of A'Dril . 19~. by the following vote: AYES: COUNCILllEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUICILMEH: None ,"'-"" ABSENT: COUNCILllEH: None AHD I FURTHER CERT-IFY that the Hayor of the City ot Anaheim approved and signed said resolution on the A~h day ot Ap~il . 19~o IN WITHESS WHEREOF, I have hereunto set my hand and atfixed the offioial seal of the Oi ty of Anaheim this ~th day ot A~l'll , 19~. (SEAL) ~~~. ~~ .... " o . OF THE 0 Y ~r"ifDmI -)-