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58R-4424 ,-,., RESOLUTION NO. un - A RESOLUTION OF THE CITY COm~CIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PUNT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY ro CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENTs THE IMPROVE- MENT OP BROADWAYp FROM ADAMS ~'l'RF.RT TO mrCLTD ~VENTIE, PROdEQT ~O_ hJt ~, 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 wits The Anaheim Bulletin, on the 115th and 22nd days o:f October , 1957 , a notice inviting sealed pro- posals for furnishing the followings 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 therefor on file in the office of the City Clerk or the City Engineer of the City of Anaheim, the following publiC improvement, to wit: The Improvement o:f Broadway, from Adams street to Euclid Avenue, consisting of excavation, paving with four inches of plant-mixsur:facing, adjusting existing manholes to grade and appurtenant work as indi- cated on the plans, Project No. 63, .- in accordance with the designs, plans, profiles and specifications prepared by George E. Holyoke J 01 ty Engineer and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 7:00 0' clock P. M. of the 2~th day of October , 19-5l., and whIch said notice did state and eclare 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 . an adjourned WHEREAS, at .regular meeting of the City Council held on t~e 29th day of October , 19 ~7 , at the hour of . 7 :00 01 clo,ck P. M. of said date, said City Council id hold a public hearing for 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 trartsportation, 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 particular~ described and set forth; and - WHEREAS, the City Council did thereupon refer said bids to the Ci tYft\&1aNet...-for examination, tabulat.ion and report to the City Counc:1.4 and sai City tfineer 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 adiourned regular session on the 29th day of October , 19-51-, at the hour of 1.tQllOi 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 Ci t:v Engineer of the City of Anaheim did thereupon make his report and subm:it his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by R. J. MORt~ COMPANY, P. O. Box h?Q~ O~anfA, Cali~n~nia , for t e cons ruction, installation and co~ pletion of said IMPROVEMENT OF BROADWAY, FROM ADAMS SrpRRF.rp rpO F.lTc:r.Tn AVENUE, PROJECT NO. h3, hereinabove mentioned and des- cribed was the lowest resnonsible nronos~l 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, nnd performing all work necessary to construct and complete, in a good and workrnanlike manner, in strict ar:cordance with the specifications, plans, and drawings, tl:,e sa'd public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Cler~ 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, oranfe, Califn~niR which said contract was duJ..y made and entered in 0 on the 1 !lit: day of Novem.ber . 19~; and WHEREAS, the said R. J. NOBLE COMPANY 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 impro"ement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by Geor.r E. Holyoke, CitX En~ineer .' and the contract made and entere~ into 'If th it 'Oy the City of Anaheim; and WHEREAS, the Ci ty F.n~i nAAY' the construction and completion 0 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. NORT.F. 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 co~ pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. ,,_. NOW, THEREFORE, BE 1'1' R1<;SOLVED 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 Ana~eim, together with the appurtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City' of Anahei~~ 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 complption, excepting only such sum or sums as may lawfully be withheld in accordance 1vith 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 18th March , 19 58 . r:lJ. ~~tp MA p :ptJ CITY ANAHEIM ATTESTa ~I;~K-~~~D! STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. I, DEHE M. WILLIAMS , City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at an X:;ourned regular meeting of the City Council held on the 18th day of ch , 19...5!L-, by the following vote of the members thereof, AYES I COUNCILMEN: COODS, Fry, Schutte and Wisser. NOES I COUNCILMEN: None. ABSENT, COUNCILMEN, Pearson. Pro AND I FURTHER CERTIFY that the Mayor! of approved said Resolution on the 18th day of Tell the City of Anaheim signed and Mal'Ch , 19 ~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of 'MATOn}" 19 r;a · .,""""" ~ -hr. >>~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) -3-