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57R-3734 -- -. '_~ r--. RESOLUTION NO. A RESOLUTION 01" THE CITY COUNCIL OF' THE OITY or ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING or ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WO~ NECESSARY TO CONSTRUOT AND COMPLETE THE FOLLOWING PUBLIO IMPROVEMENT: 'rBE IMPROVEMENT OF BUR'1'ON S'l'R1!iET, "OK ACACIA STREET '1'0 A porNT 1,.00 rw.r.~ nS'lERLY. JOB NO. 1)0 3734 WHEREAS, the City Council of the City of Anaheim did oause to be published in a newspaper of general ol~oulation, printed, pUblished and oiroulated in the Oity of Anaheim, to wit: The Anaheim Bulletin, on the 14th aDd 20th daY. of Dece.ber , 19 " , a notioe inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transpor- tation, including power, tuel and water, and performing all work necessary to con- struct and complete, in a good and workman- like manner, in strict aooordance with the plans and specitications on file in the otfice of the City Clerk of the City of Anaheim, the improvement of Burton Street, from Aoacia Street to a point 1,000 feet westerly, by grading, paving with three inohes of asphalt concrete, fill, and appur- tenant work, as indioated on the plans, Job No. 1)0 in acoordanoe with the designs, plans, profiles and speoifioations pre- pared by a..ria E. K01~Ok. City I:~~D..P . and the notioe inviting sealed proposals, whio saId notioe speoified that sealed proposals as speoified in said notice would be reoeived up until 7100 o'olook P.M. of the 26th day of December , 19 "a , and whioh said notioe did state and deolare that, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for eaoh type of labor needed to execute said contract and did set forth the prevailing hourly wage soale so asoer- . ,,-.... tained; and ~," WHEREAS, at a regular meeting of the City Oounoil held on the 26i.b. day of Deaember , 19 .5' , at the hour of 7: 00 o'clook P.M. of said date, said City Oouncil did hold a public hearing for the purpose of opening sealed proposals reoeived up to that time, for furnishing of all plant, labor, services, materials,and equipment, and all utilities and transportation, inoluding power, fuel and water, and per- -1- - forming all work neoessary to oonstruot and complete, in a good and workmanlike manner, in strict aocordance with the speoifications, plans and drawings therefor on file in the office of the City Olerk -- of the Oity of Anaheim, of the public improvement hereinabove more particularly desoribed and set forth; and WHEREAS, the City Council did thereupon refer said bids to the Ci ty Ewzineer . .for examination tabulation and report to the Oity Oouncil, and said City En~ineer _did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the Oity Oouncil} and WHEREAS, the City Council did meet in regular session on the 26th day of Deoember , 19 ~7 , at the hour of 7:00 o'olook P.M. to oonsider the sealed proposals submitted for furnishing materials and performing the work hereinabove more partioularly desoribed and set forth, and the City En~ineer of the Oity of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Counoil did thereupon find and determine that the sealed proposal submitted by R. J. NOBLE COMPANY, P. o. B$X 620, OraWle, California for the oonstruotion, installation and completion of said BUR!ON STREET IMPROVEMENT, JOB NO. 1'30 hereinahove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon aocepted said bid and did award a contract to said R, J. NOBLE CO~ANY 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 speoifications, plans, and drawings, the said public improvement as speoified 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 contraot was duly made and entered into on the 27th day of December 19.iZ-j and WHEREAS, the said R. J. NOBLE OOMPANY has furnished all pl.ant, labor, services, materials and equipment and all utilities and transportation, and performed all work neoessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the speoifications, plans, drawings, of said public improvement as speoified in the notioe inviting sealed proposals and in the detail, design, Plans! profiles, drawings and speoifioations prepared by George E. Holyoke, C ty Engineer , and the oontraot made and entered into with it by the City of Anaheim; and WHEREAS, the City En~ineer has duly certified to the construotion and completion of said public improvement hereinabove mentioned and desoribed in aocordance with the plans and specifications and the contract documents duly made and entered into with said R. J. NOBLE COMPANY j and WHEREAS, the Oity Council finds that said contractor has com- pleted said pUblio improvement hereinabove more partioularly desoribed -- in acoordance with the provisions of the contract and the oontraot doouments, and that notice of completion should be filed and payment of the balance due said contractor authorized in aooordance with the contract doouments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment -2- - 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 aocordanoe 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 pUblio improvement hereinabove more partioularly desoribed and set forth, in the City of Anaheim, by said oon- tractor, be, and the same is hereby, aooepted, subJeot, neverthe- less, to all the terms, oonditions and provisions of the oontraot doouments, and that the balanoe due said contraotor for said work be paid to it thirty-five (3.5) days from and after final aooeptance 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 oompletion, exoepting only suoh sum or sums as may lawfully be withheld in aooordanoe with the pro- visions of said contraot and contraot doouments. That aooeptanoe by the contraotor of said payments made in acoordanoe with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all olaims 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, exoepting only olaims 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 was signed and approved by me this 12th day of .March , 19 57 ATTEST: J .. ~- ~.' , '.~f ~j/x i1iV~ CrTY CLDUe' OF T or or ANAHEIM .- _. -)- STATE OF CALIFORNIA COUlf.1'Y OF ORMGE cm OF ANAHEIM ) )ss. ) ~. - I, DENE M. WILLIAM3, City Clerk: <>f the City of Anaheim, do hereby certify that the foregoing Resoluti<>n was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim, held on March 12, 1957, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, C()ons, Fry, Schutte and Wisser NOES: COUNCILMEN: None AmENT: COUNCILMEN: None AND I FURIIHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 12th day of March, 1957. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of March, 1957. ~.J'J( 2J~.. . CITY C OF THE em OF ~ (SEAL) ~-