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57R-3936 - .-- RESOLUTION NO. 3936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, l~TERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE VERMONT ~~: ~~~: ~~~~N~1l:~~~.~S~~~144. 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 plans and specifications on file in the office of the City Clerk or the City Engineer of the City of Anaheim, the following public improvement: The Improvement of Vermont Avenue, from Hampshire Avenue to the Santa Ana Freeway, including excavation, paving with four inches of plant-mix paving, adjusting existing man- holes to grade, and appurtenant work as indicated on the plans, Job No. 144, in accordance with the designs, plans, profiles and specifications pre- pareu by or E 01 0 e Cit En ineer and the notioe inviting sealed proposa s, w ic said not ce spec f ed at sealed proposals as specified in said notice would be received up until 7:00 o'clock P. M. of the 9th day of ~ril , 1921--, and which said notice did state and declare ta , 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 oontract and did set forth the prevailing hourly wage scale so ascer- tained; and -- WHEREAS, at a regular meeting of the City Council held on the 9~ day of April , 1957 ,at the hour of 7:00 o'clock P. .. 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, including power, fuel and water, and per- -1- - - forming 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 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 City Engineer for examination, tabulation and report to the City Council, and said 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 9~ day of -AI1rl1 , 19 57 ,at the hour of 7:00 0' cloc P.M. to conSider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Ci~ Engineer of the City of Anaheim did t ereupon 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, Orange, California for the construction, installation and completion of said Improvement of Vermont Avenue from Ham shire Avenue to the Santa Ana Freewa J 0 No 1 ereina ove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said R. a. 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 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. N~LE COMPANY , which sa in con ract was-allly made and. entered into on the 11th day of April , 19l.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 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 George E. ~lYOke, City E~ineer , and the contract ma e and entered nto with it by the City of Anaheim; and WHEREAS, the City Engineer fied to the construction and completion of said public inabove mentioned and described in accordance with the tions and the contract documents duly made and entered R. J. Noble Company has duly certi- 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 accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Oity of Anaheim that all plant, labor, services, materials and equipment -2- - ~- ,,-.. - anQ 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 specifications, plans and drawings therefor on file in the office of the Oity 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 Anaheim, by said con- tractor, be, and the same are hereby, accepted, subJect, neverthe- less, to all the terms, conditions and provisions of the contraot documents, 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 completion, 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 Oity of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished 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 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. THE FOREGOING RESOLUTION is signed and approved by me this 11th day of June , 19 57 ~~ ANAHEIM Pro Tam ATTEST: "- ~~...-&;.It.-L JttH. fL ._'- C:~YK.."'-- I'I'Y CLE. OF HE CITY OF ANAHEIM -3- - STATE Of CAUFORHIA ) COUlllTY OF ORANGE ) SS. CITY Of ANAHEIM ) ."\.- I, DENE M. WIllIAMS, City Clerk of the City of Anaheim do hereby certify that the foregoing Resoluti!on was paas.ed and adopted at a regular meeting of the City Council oif the City of Anaheim, held on the 11th day of June, 1957, by the following votea A YES z NOES a ABSENT a COUtCILMENa COUNCILMENz COUJCI LMEHz Coons, Fry, Schutte and Wisser. Hone. Pearson. AND I FURTHER CERTIFY that the ~yor .Pro Tea of the City of Anaheim algned and approved said ResolutioB on the 11th day of June, 1957.~ IN WITNESS \tHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of June, 1957. A ~")( '.i '7 /' _' I'l....k-<.--~-L // . .L-V -'~~ CITY CLI!Rl< OF THE CITY OF ANAHEIM ( SEAL) .",,--