Loading...
57R-4270 RESOLUTION NO. 4270 A RESOLUTION OF THE CITY COUBCIL OF THE CITY OF ANAHEDiI FINALLY ACCEPTING TEE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WA 'fER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT A~JD CO~PLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE Ofu\.LIJGE- WOOD Av~NUE STREET IMPROVEMENT, FROM NINTH STREET TO sse FEET WEST OF NINTH STREET. JOB NO. ISO. WHEREAS, the City Council of the City of An&leim did cause to be pub- lished in a newspaper of general cirCUlation, printed, published and circulated in the City of Anaheir.;, to wit: The Anaheim Bulletin, on the 24th day of Sept. and the 1st day of Oct. , 192-, a notice inviting sealed pro- posals for furnishing the following: All plant, labor, services, materials and equipment, and all lltilities 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 City Engineer of' the City of Anaheim, the following pUblic improvement, to wit: The Orangewood Avenue Street Improvement, from Ninth Street to 550 feet west of Ninth Street, by excavation, paving with four-inch plant-mix surfacing, adjusting existing manholes to grade, and appurtenant work as indicated on the plans, Job No. 150, in accordance wit.h t.he designs, plans, profiles and specifications prepared by Geor~e E. Holvoke. City Ena-ineer and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 7: 00 0' clock P. ll. of the 8th day of October , 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 t!le prevailing rate of wages for each type of labor needed to execute said contract and did set forth the pre- vail:Lng hourly wage scale so ascertained; a:,d WHEREAS, at a regular meeting of the City Council held on the 8th day of October , 19 S? , at the hour of 7: 00 a' clock P. M. of said date, said City Council did hold a public hearine for the purpose of opening sealed proposals received up to that time, for the furnishinf, of all plant, labor, services, materials, and eq1.'ipment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and -1- ....,,=--._~.__,u_____"'"''','''_.__. cOJ'11ple te, in a ('ood and workmanlike manner, in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the City Clerk of the City of lbaheim, of the public improvement hereinabove more particularly described and set forth; and WHERE.ItS, the City Council did thereupon refer said bids to the ';::1 ty Engineer for exalT'ination, tabulation and report to the City Coune~ and said C1 ty Engineer did thereupon examine and tabulate said sealed pro- posals and reDort tile result of ~is tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 8th day of October , 19--2.L, at the hour of 7: 00 o. clock P. M. to consider the scaled proposals subrI'itted for furnishing materials and performing tie work hereinabove more particularly described and set forth, and the .;:: i t v En~1neer of the City of Anaheim did thereupon make his report an submit his tabulation of said sealed proposals, and the City Council did thereupon f.i.nd and determine that the sealed proposal submitted by R. J. NOBLE COMPANY, p. O. Box 620. Orange, Cal1fornia for the construction, installation and com- pletion of said ORANGElVOOD AVENUE STREET IMPROVEMENT, JOB NO. 150 hereinabove mentioned and des- cribed was the lowest resnonsible DronOSRl submitted therefor, and thereupon ac- cepted said bid and did award a contract to said R. J. NOBLE COMPANY for furnishing all plant, labor, services, materials and eqLLipment and all utilities and transportation, including power, fuel and water. . '1<i performinG all work necessary to construct and complete, in a good and workr:lanlike manner, in strict ar;cordance with the specifications, plans, and drawinrs, "~'" sa d public improvement as specified in said notice inviting sealed proposaL, aid did autilori.ze the Mayor and the City Clerk of the City of ArmheL!'1 to execute a contract :for and on behalf of the City of Anaheim with _ R. J. NOBLE COMPANY which said contract was dul.v made and entered into on the 10th day of Octob~1:___, 19--22-; 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 <fork necessary for t,lle construction aCid completion, in a good and workmanlike mar,ner i.n strict accordance with the specifications, plans, drawings, of said puL,}; c improvement as specified in the notice inviting sealed proposals and in the'etail, desi i'n, plans, profiles, drawings and specifications prepared by Georile E. Holyoke. 01 ~ En~lneer_, and the contract made and enterea-- into w'~th it by the ity of Anaheim; and WHEREAS. the City En~ineer the construction and completion of said public and described in accordance with the plans and documents duly n~de and entered into with said ; and has duly certified to improvement hereinabove mentioned specifications and the contract R. J. NOBLE COMPANY NHEREAS, the C5t;>,' Council finds that said contractor has completed said publie improvement hereinabove Plore particularly described in accordance with the provisions of tr,e 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..vith the contract documents. NOW, THEREFORE, BE I'l' R1<;SOLVED by the City Council of the City of Anaheim that all plant, lator, services, materials and equipment and all utilities and traClsportation, and the performance of all work necessary to construct, install and complete, in a '~ood 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 Citj of Anaheim, together with the appurtenances thereto of said public improyement hereinabove more particularly described and set forth, in the City of Anaheim, by ,'sair! 8ontractor, be, and the sarre aTe hereby, accepted, subject, -2- - -. nevertheless, to all the terme, conditions and provisions of the contract docu- ments, and that the balance due said contractor for said work be paid to 1t thirty-five (35) days from and after final acceptance of said work as evidenced b,y the .aoption-of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of compl~tion, excepting only such sum or sums a8 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 1I'i th said final estimate shall operate and shall be a release to the Cit7 at 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 b,y the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City ot Anaheim be, and they are hereb,y authorized to e~ecute and file a notice of completion of said lrOrk as requ1red by law. day ot THE FOREGOING RESOLU'l'ION is signed and approved by me this n.,.__.r , 19 57 . loth /O/?:.. ;2 ~~ ~---€Ify~F ~ ---, ATTEST. \ 11 ->," 1tY~~lK