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57R-4124 -, RESOLUTION NO. 4124 -~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINAIJ,.Y ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PIANT, ~OOR, SEP..... VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRAlfSPORTATION INCLUDING POtfER, FUEL AND WATIR, AND PERFORMING ALL IORK NECESSARY TO CONSTRUCT AND COMPLE'l'$ THE FOLLOWING PUBLIC DIPROVEJIBNT. THE IMPROVE- ~~~F ~J;JI: ~_, ~~~~CI~:1~9. WRlREAS, the City Council of the City of Anah~im did cause to be pub- lishe4 in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit. The .Anaheim Bulletin, on the 14th and 21st ~ 9t )lay , 19 57 , a notice inviting sealed pro- po for furnishing the following. All plant, labor, servioes, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work neoessary to construct and complete in a good and workmanlike manner, in striot accordanoe with the specifioations, plans and drawings therefor on file in the offioe of the City Clerk of the City of Anaheim, the following publio improvement, to wit: The Improvement of Center Street from Plaoentia Avenue to East street, by the removal of existing material, concrete curb, sidewalk and cross-gutters; and by the construotion of curb and gutter, paving with 5 inches of P.M.S. in the excavation area, li inches of P.M.S. over the existing concrete pad, together with a skin ooat as shown on the plans. The oontraotor shall also olear all right of way, replaoe existing driveways, adjust existing manholes to grade, and do appurtenant work as indioated on the plans, Projeot No. 59. --~ in accordance with the designs, plans, profiles and specifications prepared by IlAnJl., ,F. Hnl Y~K-~ C1 ty r-ni1H:f and.the notice inviting sealed pl"Opo h, which l!Nli notice .peci that sealed proposals as specified in said notice would be received up until 7: 00 0' clock P. M. of the 28th day of May, 19....21., and lIhich said notice did state and declare that, pdrsuant 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 ~ of labor needed to execute said contract and did set forth the pre- vailing hourly wage scale so ascertained; and WHBREAS, at a regular meeting of the City Council held on the 28th day of l(ay, 19-i~ ' at the hour of 7:00 o' clock P. M. of said date, said City Council i hold a public hearing for the purpose of opening sealed proposals racei ved 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- - 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 01 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 C1ty En~ller for eXamination, tabu.l&tion and report to the City Co~ and sa. 01 ty ~1neer did thereupon examine and tabulate said sealed pro- posals and repor he result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 28th day of May , 192.L, at the hour of?: UU a' clock P. Il. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the C1 ty E~1neer of the City of Anaheim did thereupon make his repo 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. NOBLE COMPANY, P. O. BOX 620, ORANGE. CALIFORNIA for the construction, installation and co~ CENTER STREET FROM PLACENTIA AVENUE hereina ove mentioned and es- cribed was the lowest resoonsible proPosRl 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 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, the sa-td 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 CQMPANY which said contract was duJ...v made and entered into on the 29th day of Kay , 19~; and WHIRElS, the said R. J. NOBLE CO~ ANY has f.urnished 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 ~n~~F.. HnlyokA. Cite E1tli1~er , and the contract made and enterea-- in 0 it by the i ty 0 naheim; and WHEREAS, the 01 ty E~lneer the construction and completion 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 COMPANY 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 IT 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 hereqy, 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 la.... THE FOREGOING RESOLUTION is signed and approved by me this 1s t October , 19 57 . day ot ATTEST1 ~ 'Ill -.~WEC.~ J? ~ &or ~~ iliiiii STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) SSe . I, DENE M. WI~I~S , City Clerk of the City of Anaheim, do hereby certify t at e foregoing Resolution was passed and adopted at an adjourned regular meeting of the City Council held on the ~t_day of - October , 19...:.S.Z-, by the following vote of the memberB'1Ji'ereof1 AYES1 COUNCILMEN. Pearson, Coons, Fry, Schutte and Wisser ~. COUNCILMEN: None ABSENT 1 COUNCILMEN1 None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 1st day of October , 19.2Z..-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of October , 19-22-- ........-....,...-.... ~ i ~ ' , I . ,~..~ , .~~;w~ (SElL) -3-