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57R-3866 . ~. .~"~- RESOLUTION NO. 3866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, V~TERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUOT AND OOMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: ~HE IMPROVEMENT OF WE ST STREET FR0l4 L P "m H STRE T, PRO ECT NO. S7: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water and ';:>erforrning 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, the following public improvement, to wit: The improvement of North West Stree~ from La Palma Avenue to North Street, by the removal of existln~ material, ex~av~tion, fine grading, paving with plant- mi~ paVlnt 4 inches tnicK, adjusting existing manholes to grade, anQ a)purtenant work, from rJOrth Street to Station 16+69.80, as 6.t1O\>ln on Plan 1936. From Station 16.,.69.80 to La Palma Avenue 2 incnes of plant-mix paving shall be constructed over the ' existing pavement, along wiih anpurtenant work, Project No. 57, in accordance with the designs, plans, profiles and specifications pre- pared by Geor e E. Hol oke it and the notice inviting sealed proposa s, w ich said notice spec f ed at sealed proposals as specified in said notice would be received up until 7:00 o'clock P. M. of the 12th day of March , 19...5.2-, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Oode, the Oity Oouncil 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 prevailing hourly wage scale so ascer- ..-- tained; and -. WHEREAS, at a regular meeting of the City Council held on the 12th da~r of March , 19 <;7 , at the hour of ~:OO o'clock P.M. of said date, said City Council did hold a public earing 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- r ......., forming all work necessary to oonstruot and complete, in a good and workmanlike manner, in strict accordance with the speoifications, 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 .ealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Counoil did meet in regular session on the 12th day of March , 19 57 , at the hour of 7:00 o'clock P.M. to consider the sealed proposals submitted for furnishing lIlaterialsand performing the work hereinabove more particularly described and set forth, and the Ci t~ Engineer of the City of Anaheim did t ereupon make his report and submit his tabulation of said sealed proposals, and the City Oounoil did thereupon find and determine that the sealed proposal submitted by R. J. NO~LE COMPANY, P. O. Box 620, Orange, California for the construction, installation and completion of said H1PRO'fg;lilENT OF WEST STREET FRaN LA PALMA AVENUE TO NORTH STREET, P OJ aT NO. ere na ove mentioned and descri ed was t e owes respons le pro- posal submitted therefor, and thereupon aooepted said bid and did award a contract to said R. J. NOBLE COMPANY for furnishing all plant, labor, servioes, 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 speoi- ficatio?s, plans, and drawings, the said publio improvement as speoified in said notioe inviting sealed proposals, and did authorize the Mayor and the C1ty Clerk of the City of Anaheim to exeoute a oontraot 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 14th day of Maroh , 19....21.-; and WHEREAS, the said R. J. NOBLE 001filANY has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construotion and completion, in a good and work- manlike manner, in strict accordance with the speoifioations, 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 Geor e E. Hol oke, Cit En ineer , and the con ract ma e an entere nto w by the City of Anaheim; and WHEREAS, the 01 t~y Engineer fied to the construction and oompletion of said publio inabove mentioned and described in aooordanoe with the tions and the contract doouments duly made and entered R. J. NOBLE COMPANY has duly oerti- improvement here- plans and specif1oa- into with said ; and _.r WHEREAS, the City Oounoil finds that said contraotor has com- pleted said public improvement hereinabove more partioularly described in accordanoe 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 aocordanoe 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- ..-... --. . ..-... ".........,,,." - and all utilities and transportation, and the performanoe of all work necessary to oonstruot, install and oomplete, in a good and workmanlike manner, in striot acoordance with the specifioations, plans and drawings therefor on file in the offioe of the Oity Clerk of the City of Anaheim, together with the appurtenanoes thereto of said public improvement hereinabove more partioularly desoribed and set forth, in the City of Anaheim, by said oon- traotor, be, and the same are hereby, accepted, subject, neverthe- less, to all the terms, conditions and provisions of the contraot doouments, and that the balance due'said co~traotor for said work be paid to it thirty-five (35) days from and after final acoeptanoe of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notioe 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 acceptanoe by the oontractor of said payments made in aocordance with said final estimate shall operate and shall be a release to the Oity of Anaheim, its officers, agents and employee$ from all olaims and liabilities due the contractor for anything don$ or furnished or withheld or for anything relating to the work or any act or neg- lect of the City, its officers, agents and emplcyees, exoepting only claims against the Oity 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 oompletion of said work as required by law. THE FOIEGOING RESOLUTION is signed and approved by me this 7th ~ day of Mav , 19 57 MA~~ AXAHEIM ..... ATTEST l ~)~~. ~t; T.... ~IM -3- - """"'- STm OF q,u.IlODIl ) cw.ti at OIlJQE )... em or A-,T{lnI ) It JWU: K. wn.r.T., City Clerl:! of the City of ADa.h.eilll., do ..reby' c..Hfy that the fonqoillg ..solu,tiOll _8 d.uly pas.eel aM. adopted at lUl a.djourned regular ...tinq of the City COIUtCil of the City of A;nAAei1ll, held on Ue 7th day of May, 1957, by the fQllowing TOte of the JlteDlbera thereof: .lYllB : COUICIUIII: eOOl\S, F1;1", Selmtte and Wisser IIQ1lB : COUICIU!D: Ione .IJIJIft: OOtlICI.LKII: hUson .lNJ) I !'IJJi:01U emIr! tluit theJlB;yor Pro 'rem of the City of AMltei1ll approved. and aiqned. said Re.olut~ on the 7th day of Kay, 1957. IX WITlO3S ~', I haTe hereunto set my hand and affixed. the seal of the City of Anaheim this 7th day of llay, 1957. .' . ~ ..". - ~k~~~ C CLDr or m C (;Jt kWh-% j ...., (SElL) /"'" -