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58R-4701 - "- RE80LUTI ON NO. 4701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURBISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANI>- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF LA PALMA AVENUE, FROM CITRON STREET TO WEST STREET, lOA NO, lR5 WHEREAS, the Oity Oouncil of the Oity of Anaheim did oause to be published in a newspaper of general ciroulation, printed, published and circulated in the Oity of Anaheim, to wit: The Anaheim Bulletin, on the 21rd and 10th days of April , 19~, a notioe inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete, in a good and worY~anlike manner, in strict accord- ance with the specifications, plans and drawings therefor on file in the office of the City Eng ineer or City Clerk of the City of Anahe im, the following public improvement, to wit: The Improvement of La Palma Avenue, from Citron Street to West Street, by excavation, construction of curb and gutter, paving with four inch plant-mix surfacing, and appurtenant work as indicated on the plans, Jeb No. 185, ,,"'-" in aooordanoe with the designs, plans, profiles and speoifioa- tions prepared by Georae E. Holyoke, City Engineer and the notioe inviting sealed proposals, whioh said notioe speoi- fied that sealed proposals as speoified in said notice would be reoei ved up until ~ 00 0' olock P.M. of the 8th day of May , 19~, and whioh said notioe did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Oode, the Oity Oouncil of the Oity of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to exe- oute said oontraot and did set forth the prevailing hourly wage 80ale so asoertained; and WHEREAS, on Mav 8 , 19~, at the hour of o'olock P.M., the Oity Olerk and Oity Engineer of the 2:00 -1- - ..,..-... City of Anaheim did open said 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 performing all work necessary to con- struct 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 public improvement hereinabove more particularly described and set forth, in pUblic>> in the City Council Chamber in the City Hall>> Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the l~th day of May D 19~, at the hour of 7:00 o'clook P.K., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more partioularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by R. J. NOBLE COMPANY, P. o. Rox 620, Oranae. California for the construction>> installation and completion of said Imorovement of La Palma Avenue, .Job No. 18t; hereinabove mentioned and desoribed>> was the lowest responsible proposal submitted therefor>> and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPANY >> ; and WHEREAS, the City Council finds that said contraotor has completed said pUblic improvement hereinabove more partioularly de- scribed 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 accord- ance with the contract documents. -2- -- - HOW, THEREFORE. BE IT RESOLVED by the Oity Oouncil of the Oity of Anaheim that all plant>> labor. servioes, materials and equipment and all utilities and transportation>> and the performanoe of all work necessary to construot, install and complete, in a good and workmanlike manner>> in strict aocordanoe with the specifica- tions>> plans and drawings therefor on file in the Office of the Oity Olerk of the Oity of Anaheim, together with the appurtenanoes thereto>> said public improvement hereinabove more partioularly de- soribed and set forth. in the City of Anaheim. by said contraotor, be, and the same are hereby aooepted. subJeot>> nevertheless, to all the terms>> conditions and prov1.sions of the oontract dooWllents, and that the balanoe due said contraotor for said work be paid to it thirty-five (35) days from and after final aoceptanoe of said work as evidenoed by the adoption of this resolution, but not sooner thaa thirty (30) days after the date of the filing of notice of oo~ pletion. exoepting only suoh sum or SWllS as may lawfully be withheld in aocordanoe with the provisions of said oontraot and oontraot doouments. That acoeptanoe by the oontractor of said payments made in acoordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offioers. agents and employees from all claims and liabilities due the contraotor for anything done or furnished or withheld or for anything relating to the work or any aot or neglect of the City. its officers, agents and e~ ployees. excepting only claims against the City for aay amounts withheld by the City at the time of suoh payment. AND BE IT FURTHER RESOLVED that the Mayor and the Oity Olerk 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 FOREGOING RESOLUTION is approved and signed by me this 12th day of August , 19~o / -) ,_.~ ,/- ,/----.".-/ &;~-~~~~~~ AT~T : gI~ ~L~~ .T~fCj~.uWiEiK - STATE OF CALIFORNIA ) COUX'l'Y OF ORAllGE ) ss. CITY OF AlWiEIK ) I. DENE M. WILLIAMS . City Clerk of the Oity of Anaheim. do hereby oertify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law o! the 0ity Oounoil of the Oity of Anaheim>> held on the 12th day of Au~ust . 19...s.fL. by the following vote: AYES: COUNOILMEN: Pearson, Borden,Fry, Schutte ancl Coons BOES~ COUHCILKEN: None ~ jBSENT: OOUNCILMEN: None .AND I FURTHER CER'l'IFY that the Mayor of the Oity of Anaheim approved and signed said resolution on the 12th day of A11Qust p 19...,5lL. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Oity of Anaheim this 12th day of August . 19...5..6..,0 (SUL) I. ~- --, '---, ----- - ~.-. /j/. h~ ffYOLERI OF THE OITY" fIl -3-