56R-3169
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RESOLUTION l'JO. "1~Q
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK NECES-
SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: The Ball Road street
Improvement, from Placentia Avenue to the
Southern Pacifio Ri~ht of Way, Job No. 101
WHEREAS, the City Counoil of the City of Anaheim did
cause to be published in a newspaper of general ciroulation,
printed, published and oirculated in the City of Anaheim, to wit:
The Anaheim Bulletin, on the 30th day of August and 6th
daY of Sefctember , 19 55 , a notice inviting sealed
proposals or furnishing the following:
All plant, labor, servioes, materiala and equip-
ment, and all utilities and transportation,
including power, fuel and water, and performing
all work necessary to construct and oomplete, in
a good and workmanlike manner, in strict accord-
ance with the plans and specifications on file
in the Office of the City Clerk of the City of
Anaheim, the improvement of Ball Road from
Placentia Avenue to the Southern Pacific Right of
Way, including fine grading, paving with 4-inoh
plant-mix, adjusting existing manholes to grade,
construction of storm drains, and appurtenant work
as indicated on the plans, Job. No. 101.
in accordance with the tiesigns, plans, profiles and specifications
prepared by Geor e E. Holyoke, City En ineer
and the notice inviting sea ed proposa s, wh ch said notioe speoi-
fied that sealed proposals as speoified in said notioe would be
I'eceived up until 7:00 o'clock P.H. cf the 13th day of
September , 19 J' , and which said notice did state and de-
C'lare that, pursuant to the provisions of Section 1770 of the
Labor Code, the City Council of the City of Anaheim had asoertain-
ed the prevailing rate of wages for each type of labor needed to
~ exeoute said contract and did set forth the prevailing hourly wage
scale so ascertained; and
on the
o'olock
hearing
to that
terials
oluding
WHEREAS, at a regular meeting... of the City Counci1- heli
13th day of September , 19'5, at the hour of 7:00
P.M. cf said date, said City Council did hold a publio
for the purpose of opening sealed proposals received up
time, for furnishing of all plant, labor, services, ma-
and equipment, and all utilities and transportation, in-
power, fuel and water, and performing all work necessary
T-. -t -~ Ii
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to construct and. complete, in a good and l\Torkmanlike manner, in
strict accordance with th'3 specifications, lJla~1S and drawings
'> "-,-,for on file in th';~~fice of the City Clerk of the City of
-, j',;"ciip.im, of the public 'rn)l'ovement hereinallove more particularly
C:~escribed and set fo1'tL and
'IHEREAS, th8J:,ty Cou;,cil did thereupon refer said bids
to the City Engineer for
examina t ion, tabula tTo~-;;:1cl rep0r~;~ -':;0 tne- Ci ty -Counc 11, and-said
City Engineer did thereuDon
examine arid taol:iTa'Te--safcf -seafed~pr~jPOSa18--arurreport the res~l t
of his tabulation to the City Council; and
\lHEREAS, the City Council did meet in
regular session on the 13th day of September 19 -;;5, at the hOur
of 7;O~ 0'c10ck P,h.-t"ocon~ider the seared proposals submitted
for rurn sning materials and performing the work hereinabove more
particularly described and set forth, and the___Ci~I_Engin~~~____
of the City of Anaheim did
there!iPOn- make liYs--repo-rt andsubmit his tabulation of said
sealed proposals, and tho City Council did thereupon find and
determine that the sealed proposal submitted by R. J. Noble
-. COI)1:.patYJ I'... O. Box 6?Q,_~g'e, California -
for the cons ruction..l installation and -ColllPleti8'n of sai('t
Ball Road Streeb Improvement, JOb NumDer 1 ~
hereinabove mentT6ned and. de8Ci;roecl. was the-lowest -reeiPOns'ibl-e-pro_
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said R. J. Noole Company
for furnishing 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 workmanlike manner, in strict accordance
with the specifications, 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. NobJ,e-.Q.o..!llPil-!!Y__.. _______
which said contract was duly made and entered into on the 14th
day of S~.p:tember ,___, 19~; and _
'~VHEREAS, the said R. J. Noble Company
has furnished all plant, labor, services, materials and equip-
ment and all utilities and transportation, and performed all work
necessary for the oonstruction and completion, in a good and
wor~manlike manner in strict accordance with the specifications,
plans and 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
. r,.p.()~p. E. HOfl:O,k.e Cit'{ Engine~___., and the contract
made and en ered in 0 1.ri~ it by t e City of Anaheim; and
~mEREAS, the . Ci t:t Eni?;i~L ____.
;las dUly certified to the (;onstruction and completion of said
public improvement hereinabove mentioned and described in
accordance with the plans and specifications and the contract
documents duly made and entered into .'lith said
R. J. Noble Company ; and ---_a
m_ __.._,_ _. ____ ______-_
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dHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with the provisions of the contract
and the contract documentK, and that notice of comDletion should
be filed and payment of tho balance due said contractor authorized
in accordance with the contract documents.
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NOW, THERE FO::1.I:, BE IT 3L.sOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
,'t:Cl equipmont and all utjlities and transportation, and the per-
-- "Jrmance of all work nocessary to construct, install and complet,;
'.d a good and workmanlike manner, in strict acoordance with the
3pecifications, plans and drawings therefor. on file in the offioe
of the City Clerk of the City of Anaheim together with the ap-
purtenanoes thereto of said public improvement hereinabove more
partioularly describeQ and set forth, in the City of Anaheim, by
said contractor, be, ana tho samo is hereby, accepted, subject,
nevertheless, to all the terms, conditions and provisions of the
contract documents, and that the balance due said contraotor for
said work be paid to it thirty-five ()5) days from and after
final acoeptanoe of said work as evidenoed by the adoption of this
resolution, but not sooner than thirty ()O) days after the date
of the filing of notice of completion, exoepting only such sum
or sums as may lawfully be withheld in accordance with the pro-
visions of said contraot and contract documents. That aoceptance
by the contractor of said payments made in acoordance 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
liabil.ities due the oontraotor 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, exoepting
only claims against the City for any amounts withheld by the City
at the time of such payment.
AND BE IT FURTHER RESOLVED that tho Mayor and the City
Clerk of the City of Anaheim be, and they are hereby, authorized
to eX9cuteand file a notice of completion of said work as re-
quired by law.
TH~ FOREGOING RESOLUTION was signed and approvod by me
6th day of Maroh , 19 56
this
ATTEST:
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lI1AY~' ~~>~iT 0 ANA.'
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C . . L.c.;RK OF THE CITY OF ANAHEIJvI
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STATE OF CALIFOIDfIA)
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COUNTY OF ORANGE )
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CITY OF ANAHEIM )
I, D~ M. WIL~lAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing resolut1onwas adopted upon a final
reading at a adjourned regular meeting of the Oity Council of the
City of Anaheim, held on the 6 th day of March 1956, by the following
vote of the members thereof:
AYES: COUNCI~rnm:
Pearson, Fry, Schutte, and Wisser.
NOES: COUNCI~lEN:
None
.A:BSENT: COUNCILMEN:
Van Wagoner
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap-
proved and signed said resolution on the 6 th day of March, 1956.
IN WItlESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Anaheim this 6th day of March, 1956.
I
,/{ ~.-;c.L
CITY CLERK
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.J d7 / u.:---____--&~_'<_
OF THE CITY OF ANAHEIM
(SEAL)
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