58R-4700
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RESOLUTI ON NO. 4700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIK FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MA-
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORI NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IKPROVEMENT, TO WIT:
THE IMPRonllfRliT OF MAGNOLIA AVEIDJE. FRO. 130 FEET
sorr~B O~ W~STHAVEK DRIVE TO 20~ FEET NORTH OF
R'I'OllT'RRQOJ{' TI'RTVlil, JOB VG. 182.
WHEREAS, the City Council of the City of Anaheim did
oause to be published in a newspaper of general oiroulation,
printed, published and oiroulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the 23rd and 30th days of April. 1958
19~, a notioe inviting sealed proposals for furnishing the
following:
All plant, labor, services, materials and equip-
ment, and all utilities and transportation, in-
cluding power, fuel and water, and performing all
work necessary to construct and eomplete, in a
good and workaanlike manner, in strict accordanoe
with the specifications, plans and drawings there-
for on file in the office of the City Engineer or
City Clerk of the City of Anaheim, the following
public improvement, to wit: The Improvement of
Magnolia Avenue, from 130 feet South of Westhaven
Drive to 205 feet North of Stonybrook Drive, by
excavation, construction of curb, gutter and side-
walk, paving with four inch plant-mix surfaoing,
removal of trees, and appurtenant work as indioated
on the plans, Job No. 182,
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In aooordanoe with the designs, plans, profiles and speoifica-
tions prepared by GS8~1. B. RA1YAr_, Oi~7 ~I'~.A?,
and the notioe inviting sealed proposals, whioh said notice speoi-
fied that sealed proposals as specified in said notioe would be
reoeived up until 2:00 0' olook P.K. of the 8th day of
Jla.T , 19..2L, and whioh said notioe did state and
declare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Counoil of the City of Anaheim had asoertained
the prevailing rate of wages for eaoh type of labor needed to exe-
oute said oontraot and did set forth the prevailing hourly wage
scale so ascertained; and
WHEREAS, on MaY 8 , 19.2!L-, at the hour of
2:00 o'olook P.K., the City Clerk and City Engineer of the
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Oity of Anaheim did open said sealed proposals reoeived up to that
time for the furnishing of all plant, labor, services, materials
and equipment, and all utilities and transportation, including
power, fuel and water, and performing all work necessary 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 Offioe of the City 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 Oouncil
at its next regular meeting; and
WHEREAS, the Oity Council of the Oity of Anaheim did, at
its next regular meeting, held on the 13~h day
of Ma.v , 19..51.-. at the hour of 7:00 0' clook P.K.,
oonsider the sealed proposals submitted for furnishing the materi-
als and performing the work hereinabove more particularly desoribed
and set forth, and did thereupon find and determine that the sealed
proposal submitted by R. J. 1I0BLE OOMPAn, P. O. Bay 620, O?1!li'8,
California,
for the construction, installation and completion of said r.p?ove-
..nt of ..~olia Avenue, Job .0. 182, '
hereinabove mentioned and desoribed, was the lowest responsible
proposal submitted therefor, and thereupon acoepted said bid and
did award a contract to said R. J. NOBLE COMPA.lfY
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 construot and complete,
in a good and workmanlike manner, in strict accordance with the
specifications, plans, and drawings, the said pUblic improvement as
speoified in said notice inviting sealed proposals, and did author-
ize the Mayor and the City Clerk of the City of Anaheim to execute
a contract for and on behalf of the Oity of Anaheim with R. J.
IO"RT.'R COMPAlIY
which said contract was duly made and entered into on the lqth
day of Kav , 19...58-; and
WHEREAS, the said R. J. NOBLE COMPA.lfY
has furnished all
plant, labor, servioes, 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 aocordance with the specifioations, plans, drawings, of said
pUblio improvement as specified in the notioe inviting sealed pro-
posals and in the detail, design, plans, profiles, drawings and
speoifications prepared by George E. a~Yoke. C~..rr
, and the contraot made and entered
into wi th it by the City of Anaheim; and
WHEREAS, the said. Oitv hf"i neer has dull
certified to the construction and completion of said pUblio improve-
ment hereinabove mentioned and described, in accordance with the
plans and speoifications and the contract documents duly made and
entered into with said R. J. NOBLE COMPilY
,
; and
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WHEREAS, the City Council finds that said contraotor has
completed said public improvement hereinabove more partioularly de-
scribed in aocordanoe with the provisions of the oontraot and the
oontract documents, and that notice of completion should be filed
and payment of the balance due said contractor authorized in accord-
anoe with the contract documents.
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NOW" 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 transportation>> and the performanoe
of all work neoessary to construot. install and oomplete. in a good
and workmanlike manner, in striot acoordance with the speoifioa-
tions, plans and drawings therefor on file in the Offioe of the City
Clerk of the City of Anaheim. together with the appurtenances
thereto, said public improvement hereinabove more partioularly de-
soribed and set forth. in the City of Anaheim. by said oontraotor.
be. and the same are hereby aocepted. subjeot, nevertheless. to all
the terms. oonditions and provisions of the oontraot doouments. and
that the balance due said oontraotor 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 notioe of com-
pletion, exoepting only such sum or sums as may lawfully be withheld
in aooordanoe with the provisions of said contraot and oontraot
doouments. That acceptanoe by the contractor of said payments made
in aooordance with said final estimate shall operate and shall be a
release to the City of Anaheim. its offioers. agents and employees
from all claims and liabilities due the contraotor for anything
done or furnished or withheld or for anything relating to the work
or any aot or negleot of the City. its offioers, agents and em-
ployees>> excepting only claims against the City for any amounts
withheld by the City at the time of suoh payment.
AND BE IT FURTHER RESOLVED that the Mayor and the City
Olerk of the City of Anaheim be, and they are hereby authorized to
execute and file a notioe of oompletion of said work as required
by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 12th day of AULUBt. 195.8-0
hr'c .//1' - '::k,/A___~~
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COU_TY OF ORANGE ) SSo
CITY OF ANAHEIM )
I. DUE M. WILLIAMS . Oity Clerk of the City of
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 Anaheim. held on the 12th day
of .A.wmst, 1 9-5JL 9 by the following vote~
AYES~ COUHCILMENz Pearson, Borden, Fry, Schutte and Coons
/.' "./
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KAYOR OF THE CITY OF ARAHEIX
NOES~
COUNCILKEN: None
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.ABSENT~ COUNCILKEH~ None
AND I FURTHER CERTIFY that the Kayor of the City of
Anaheim approved and signed said resolution on the 12th day of
Auaust " 19~0
IN WITNESS WHEREOF. I have hereunto set my hand and affixed
the offioial seal of the C1 ty of Anaheim this 12th day of
A'qUst . 19~G
( SEAL )
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t~ ~/f. k~/-"~fifimi
'0 TY CLERK OF THE OITY OF All I
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