Loading...
57R-4123 - RESOLUTION NO. 4123 ~-- .,,-.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING 'mE COMPLETION AND THE FURNISHING OF ALL PlANT, UOOR, SER.- VICES, MATERIALS AND EQUIPMENT AND ALL UTI~ !TIES AND TRANSPORTATION INCLUDING POttER, FUEL AND WATBR, AND PERFORMING ALL 1JORK NECESSARY TO CONStRUCT AND COMPLE'.l1: THE FOLLOWING PUBLIC IUPROVEMENT. THE ~~~rthg~ c~5~g3~i~~~roM .rOB NO. 1 '5. WHIREAS, 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 2nd and 8th ~VB qt' Kav. , 19 57 , a notice inviting sealed pro- posals tor furniShing the follOwing. 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 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 Citron Street, from La Palma Avenue to North street, consisting of 'excava- tion, paving with 4 inches of plant-mix paving, adjusting existing manholes to grade and appurtenant work, as indicat- ed on the plans, Job No. 145, -, ,,-.. in accordance with the designs, plans, profiles and specifications prepared by GAO!'i! E. fin' YOk~. C1 ty ~nit~~ and the notice inviting sealed propoR s, which sai notice speci i that sealed proposals as specified in said notice would be received up until 7: 00 0 I clock P. M. of the 14th day of KaY , 19.2Z-, 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 WHEREAS, at a regular meeting of the City Council held on the 14th day of )lay , 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 manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the City Clerk ~ 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 City ~__ . . . for examination, taon]ftion and report to the City Co~ ~ineer did thereupon examine and tabulate said sealed pro- posals an report he result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 14th day of May , 19...iL, at the hour of 7: 0001 clock P. U. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove m:lre particularly described and set forth, and the Oi ty Enoneer 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. OraI;W8. California for the construction, installation and co~ pletion of said Improvement of Oi tron Street, from La Palma. Avenue to North street, Job No. 14~ hereinabove mentioned and des- cribed was the lowest responsible proposal submitted therefor, and thereupon ao- 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 performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans, and drawings, the said 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. Noble Com an which said contract was duly lMde and entered into on the 1 h day of May , 1921-; and WHEREAS, the said B,. J. Noble Oomps.ll.;)' has furnished all plant, labor, services, lMterials 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 imprcvement as specified in the notice inviting sealed proposals and in the detail, design, plans, prOfiles, drawings and specifications prepared by Geor~!; E. H01YOk~,. Oi ty Engineer , and the contract made and enterea- into w th it y the City ot Anaheim; and WHEREAS, the 01 ty Engineer 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 Company 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 com- pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. ,""" NOW, THEREFORE, BE IT 'RESOLVED 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 Anahei~, 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.r the adoption of this resolution, but not sooner than thirty (30) d~s after the date of the filing of notice of compl...tion, excepting only such sum or sums 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 1.st October , 19 57 . ~~ ( . MA OF THE CITY OF ~ ~ ATTEST. 1) ~ /~ . ~ LERK OF E C'~DI STATE OF CALIFORNIA ) COUNTY OF ORA,'iGE ) CITY OF ANAHEIM ) SSe I, ~ENE 14 :W:I~J:.IAHS , City Clerk of the City of Anaheim, do hereby certl.~y that the foregoing Resolution was passed and adopted at all ail Jnu'rnl!lld regular meeting of the City Council held on the 1.st d~ of Oatober , 19 .57 , by the following vote of the members thereof. AIlS. 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 signed and approved said Resolution on the 1.st day of October , 19.21-- IN WITNESS l/HEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1.st day of October , 19 57 . ---.....~............ ~ /.. . -- . ~. ~""'....,.~ IT ~F~F ANA~~M (SEAL) -3-