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58R-4361 -- -, RESOLUTION NO. 4361 - ,,-.,..,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING 'lEE COMPLETION AND THE FURNISHING OF ALL PLANT I LA.BOR1 SEP..- VICES, MATERIAlS AND ]i:QUIPIIENT AND ALL UTI~ rTIES AND TRANSpORTATION INCLUDING P01fER1 FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOIfI" NG PUBLIC I,JIPROVEMENT. ~ ~ROVB- :=U:F !:~l~~!:sr~i ';j ~U l'b~. WHEREAS, the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit. The Anaheim BUlletin, on the 1I,th!:t 2211.. . ot Octeber 19 57 , a notice inviting sea pro- posals for furnishing the fo lowing. All plant. labor, servioes, .aterialsand equip.ent. and all utilities and transportation. including pow.r. r..l and water. and pertorBdng all work n80.s.ar7 to construct aDd cemplete in a good and workmanlike ..nner. in strict accordance with the specificatiens. plans and drawings there tor on file in the ottice ot the Cit7 Clerk or the Cit7 EDgin..r ot the City ot Anah.im. the tollowing p.blic improve..nt, to wit: The Iaprov...nt of Syc-.or. Street. trom Placentia Avenue to 9.5 teet wester17. consisting of excavatien. paving with teur inche. ot plant-.tx ..rtacing. adju.ting existing manheles to grade and appurtenant work as indicated on the plan.. Job Ne. 155. ~ .~... in accordance with the designs, plans, profiles and specifications prepared by Ge.r.. B. BolToke. City ~,.i,t:I and the notice inviting sealed proposals, which said notice speci i that sealed proposals as specified in said notice would be received up until ~Ol c10ek P. M. of the 211:h day of ht.ber , 19....2L, and wfiICllSii"id notice did state and ec1are 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 execute said contract and did set forth the pre- vailing hourly wage scale so ascertained; and q aclj811rne. WHEREAS, at ~ regular meeting of the City Council held on the 29th day of Ootoee,r I 19 ~7 , at the hour of <: :1cQ. 01 clock P. M. of said date, said City Council id hold a public hearing or 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, in- cluding power, fuel and water, and performing all work necessary to construct and -1- ~ -- - '______f~. complete, in a good 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 Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the 01 ty BDg1n..r for examination, tabulation and report to the City Coun~ and said 01 t::r b,1ne.r did thereupon examine and tabulate said sealed pro- posals and report. he result of his tabulation to the City Council; and WHEREAS, the City Council did meet in ad'ourned regular session on the 2qth day of October , 19..51..-, at the hour of ~Oi clock P. M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the 01 t::r EIUtln..r 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. )l0BLJ: COKfAllY. f.. 0.. Box 620, Or.nie. Calif'ornia for the construction, installation and co~ pletion of said =~N~ OF ~C~ORE STRRKT. FROM PL.A.CENTIA ~VEJTUE TO 961) li'D'l' WE~ _~_ NO._5_ - hereinabove mentioned and es- cribed was the lowest resnonsible prono~Al submitted therefor, and thereupon ac- cepted said bid and did award a contract to said R. J. H01=lT.ll COMP" 1fY 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 specifications, plans, and drawings, tne sa~.d 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. P. O. Box 620. Oran~e. Calif'ornia ---- which said contract was dul,y made and entered into on the 1st day of )love.ber , 19--21-, and WHEREAS, the said R. J. NOBLE OOMPA.llY 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 workmanlike 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 (l-80r-i1\ E. H01TOkt. C1 t! ED,1D..r . , and the contract made and enter~ into w h 1 t y the ity of Anaheim, and WHEREAS, the 01 t,. EmKiD8er the construction and completJ.on of said public and described in accordance with the plans and documents duly made and entered into with said ; and has duly certified to improvement hereinabove mentioned specifications and the contract R. J. NOBLE COMPA1iY WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the 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 with the contract documents. ."""--""'". NOW, THEREFORE, BE I'l' RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment 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 accordance with the spe- cifications, 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 particularly described and set forth, in the City' of Anaheim, by said contractor, be, and the same are hereby, accepted, subject, -2- --. nevertheless, to all the terms, conditions and provisions of the contract docu- ments, 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 compl~tion, 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 City of 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 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. day of THE FOREGOING RESOLUTION is signed and approved by me this 11th Feb:ruary , 19 58 . (;)." - / /~ / /, .., ~/ :~{ of~v I ;/lswfiI:-',- ATTESTt ~" '--------. / hr, CITY CLERK OF ~) ~---. . / I TH~ri<AN.llim~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAh~IM ) SSe I, DEB II WILLIJ.KS , City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a -- regular meeting of the City Council held on the ] 1 th day of - February , 19 "8 , by the following vote of the members thereof, AYESt COUNCILMEN Pearson, Coons, Fry, Schutte and Wisser NOES I COUNCILMEN None ABSENT, COUNCILMENt None AND I FURTEER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 11th day of Ji'Ah'PIu'I"7' 19....2!L-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of February, 19-5l1.. ,e'~ ) ,.' '--, .~ ~---" ~~~F ~l~; AN~ (SEAL) -3-