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57R-3999 - r-- -------,. RESOLUTION NO. :1999 A RESOLUTION OF THE OITY OOUNOIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, l{ATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: ~~ ~~~O=: ~F D~~ S~RE~, FROM _-=8____ _l'::!_ ::::0 L~_OLN A_MUE. JOB NO. J 16: WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general ciroulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 2nd and 8th days of May , 19 57 , a notioe inviting sealed proposals for furnishing the following: ---- All plant, labor, services, materials and equipment, and all utilities and transDor- tation, inclUding power, fuel and water, and performing cdl "JOrk necessary to con- struct and complete in a good and workman- like manner, in strict accordance \'.i th the specifications, plans and drawings therefor on rile in the office of the City Clerk or the City Zngineer of the City of Anaheim, the following ,)ublic improvement, to ,\1 t: 'i'1:1e Improvefilent of Dale Street, from Cres- cem; Avenue to Lincoln Avenue, consisting of excavation, paving with 4 inches of plant- mix, adjusting existinf- manholes to grade and appurtenant work, as indicated on the plans, Job No. 136, in accordance with the designs, plans, profiles and specifications pre- pared by Georfe E. Holyoke, City Engineer and the notice inviting' sealed proposa s, which said notice specified that sealed proposals as specified in said notice would be received up until 7:00 o'clock P. M. of the 14th day of May , 19~, 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 exeoute said oontract and did set forth the prevailing hourly wage soale so ascer- ,"- tained; and '''''A_ WHEREAS, at a regular meeting of the City Counoil held on the 14t~ day of May , 19~, at the hour of 7:00 o'clook P.M. of said date, said City Councrr-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, including power, fuel and water, and per- -1- - forming all work necessary to construct and oomplete, in a good and workmanlike manner, in strict accordance with the specifioations, 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 Oity Council did thereupon refer said bids to Cit. Enrineer for examination, ation and report to e y sa d City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in . regular session on the .. 14th day of Hay , 19~, at the hour of ~OO O'clock P.M. to consider the sealed pro~s submitted forrnishing materials and performing the work hereinabove more particularly described and set forth, and the City Engineer 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 CO~~ANY, P. o. Box 620, Orange, California for the construction, installation and completion of said DlPHOVEliEN'1; o;,~ DALE STREET, JOB NO. 136 hereinabove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to 8liI.id R. J. NOBLE CQl\IPANY 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 oomplete, in a good and workmanlike manner, in strict accordance with the speci- fications, 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 COMPANY , which said oontract was duly made and entered into on the 15th day of May , 19-iZ-; and WHEREAS, the said R. J. NOBLE COY~ANY 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 work- manlike 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 by Gear e E. Hal oke Cit En ineer , and the con ract ma e and entere nto w it by the Oity of Anaheim; and __r WHEREAS, the City En~ineer ried to the construction and completion of said public inabove mentioned and described in accordance with the tiona and the contract documents duly made and entered R. J. NOBLE COMPANY has duly certl- improvement here- plans and specifica- into with said ; and ~- WHEREAS, the City Council finds that said contractor has com- pleted said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordanoe 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 -2- - I 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 aocordance with the speoifioations, __~ 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 partioularly described and set forth, in the City of Anaheim, by said oon- tractor, be, and the same are hereby, aocepted, subJeot, neverthe- less, to all the terms, conditions and provisions of the contraot documents, and that the balance due said oontractor 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 completion, excepting only such sum or Bums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contraotor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offioers, agents and employees from all olaims and liabilities due the cont~actor for anything done or fu~nished or withheld or for anything relating to the work or any act or neg- lect of the City, its officers, agents and employees, excepting only claims against the Oity for 8.ny 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 AnalDeim be, and they are hereby authorized to execute and file a notioe of completion of said work as required by law. Tat FOREOOING RESOLUTION is. signed and approve,d by me this 16th day of July , 19 ~7 ~ /22 C--~~ MAY.. .. .. . ," t:C~... ATTEST: ~ ~- ) -) .-.0 . ~. .lt~t t~rt'~d5-;~~mIM ; ~ -~ -3- - STATE OP CALlPOR. . MIA ~ CCUJm' OF ORANGE ss. CITY OF AUJlEDl "..-" - I, DElE M. WILUAI&5, City Cle:r:k of the City of Anaheia, do hereby certify that the foregoing Reaoluticm was duly passed and adopted at an adjourned regular _eting of the City Council of the City of Anoela, held on the 16th day of .July, 1957, by the foUowingl AYES I COUNCIUUUh Pearson, Coons, Fry, Schutte and Wisser !fOES I COUJI::II.JUllh None ABSENT I COUEILMElh None AND I FURTHElt CERTIFY that the Mayor of the City of Anaheill approved and signed said Resolution on the 16th day Elf .July, 1957. IN WITIlESS WHEItEOF, I have hereunto set rtl'f hand and affixed the seal of the City of Ana:hei. this 16th day of July, 1957. ,l ~) ~-I.. / . '/f_ . ~~<#!'~ CI1Y CI..ERK OF THE CI1Y OF .AlWlEDl (SEAL ) """'\...-