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57R-3812 -- ,,- -- RESOLUTION NO, 3812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INOLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRue T AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT I THE LA PALMA- BROOKHURST STREET IMPROVEMENT, ON LA P.AL.lO. FROM '7bu FEET EAST 01" BROOK~!i.~~ TO BROOK-HURST AND ON BROOKHURST STREE~ ~~M [5~ r~T NORTH OF LA PALMA TO LA PALMA, JOB NO. !3Z All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and flater, and performing all work necessary to construct and complete, in a good and worlcrnanlike manner, in strict accordance with the plans and specifications on file in the office of the City Clerk of the City of Anaheim, the following ?ublic improvement, to wit: The La Palma- Brookhurst Street Improvement, on La Palma Avenue from 708 feet East of Brookhurst Street to Brookhurst Street, and on Brookhurst Street from 750 feet North of La Palma Avenue to La Palma Avenue, consisting of excavation, paving with 4 inches of plant-mix paving, const;ruction of Type liB" curb and gutter, adjusting existing manhole to grade, and appurtenant work, as indicated on the plans, Job No. 1)2, in aooordanoe with the designs, plans, profiles and speoifioations pre- pared by ~orge ~ ElOJ.~Oke. City Engineer and the notioe lnviti~ sealed proposa e, wn ch sa d notice specified that sealed proposals as specified in said notioe would be reoeived up until 7:00 o'clock P. K. of the 8th day of January , 19..iZ..., and which said notice did state and declare Uhat, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Council of the Oity of Anaheim had ascertained the prevailing rate of wages for each type of labor needed to execute said oontraot and did set forth the prevailing hourly wage soale so asoer- tained; and WHEREAS, at a regular meeting of the Oity Oouncil held on the 8th day of January , 195J_, at the hour of 7:00 0 I clock P.M. of said date, said City Councrr-aid hold a public hearing tor the purpose of opening sealed proposals reoeived up to that time, for the 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 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 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 it En ineer for examination, tabulation and report to t e ity ounc 1, an sa d City En~lneer did thereupon examine and tabulate sai sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 8th day of Januar* ' 19 57 ,at the hour of 7:00 oDcJ0ck P.M. to consider t e sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Citl Engineer of the City of Anaheim did tliereupon 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. NOBLE COMPAtcr, P. O. BOX 620, ORANGE, CALIFORNIA for the construction, installation and completion of said LA PALMA _ BROOKHURST STREET IMPRO\~NT, JOB NO. 132 ~ hereinabove mentioned and descri ed was t e lowest responsi Ie pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE CO~WANY, 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 speci- fications, plans, and drawings, the said 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 , which said contract was duly made and entered into on the loth day of January , 19-22-; and WHEREAS, the said R' J. ~OBrF. ~OMPANY has furnis ed al p an , labor, services, materials ar;cr- eqt<ipment and all utili ties and transportation, and performed all work necessary for the construction and completion, in a good and work- manlike 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 Geor e E. Hol oks, Cit E lnser , and the contract ma e an entered nto w it by the City of Anaheim; and WHEREAS, the City Engineer fied to the construction and completion of said public inabove mentioned and described in accordance with the tions and the contract documents duly made and entered R. J. NOBLE CO~WANY has dUly certl- improvement here- plans and specifica_ in to wi th said ; and WHEREAS, the City Council finds that said contractor has com- pleted said public improvement hereinabove more partiCUlarly described in accordance with the provisions of the contract and the contract ~documents, and that notice of completion should be filed and payment ,f the balance due said contractor authorized in accordance with the ~ontract documents. 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 accordance with the specifications, 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 con- tractor, be, and the same are hereby, accepted, subject, neverthe- less, to all the terms, conditions and provisions. of th~ contract doouments, and that the balance due said contraotor 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 fil1.ng of notice of completion, exoepting only such sum or sums as may lawfully be withheld in acco~dance 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 Oity of Anaheim, its officers,agents anq. employe~s from all claims 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, excepting only claims against the City for Bny 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 is signed and approved by me this 16th dAy of' April , 19 57 , J .,' G// ' // ~ ,//.. ~rlF/~HE ~'F<X~4--' \ ATTEST: ( ~- ~:tdtiRI(~~' T:t!%t~ i~IM -)- -.. STJ.n OF CALIJ1)RKIA ) COUl(lrY OF 0JtU$E ) S8. em 01 DABlD ) ~-- I, >>1m: X. lfTT.T.IlJ6, City Clerk of t~ City of ADaheim do hereby certify that the foreqoing Resolution was duly passed and adopt'ed at a.I'l adjQ1l.r1led regular :meeting: of the City Council of t.he City of Anaheiln, held on the 16th dq of April, 1951, by the followino- TOte of the !Ul1Ibers tller_ of: AYES: COUJl::IIJO:lh Pearson, Coons, Fry, Schutte and. Wuu.er IfOiB : COUICIUIEN: None AIJ3.IDIT: COu:JCIUID: None AND I ~_ CIITIFY that tlle Mayor of the City of Anaheim. apprCTed. aJld aigaed said Resolution O!I the 16th day of April, 1951. IN WITDSS WHERIOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16 th day of April, 1957, ~'~c~~~.-<</ (SElL) (,.....",\ ---'