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56R-3363 - r RESOLUTION NO. 3363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVI CES, 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 IMPROVEMENT OF CEN'l'ER STREE~ FROM WEST STREET TO THALIA STREE'l', PROJE NO. 46. WHEREAS, the City Council 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 12th and 18th daYS of January , 19 56 , a notice inviting sealed p~oposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all \'iork neoessary to construct and complete in a good and workmanlike manner, in strict accordance with the plans and speci- fications on file in the Office of the City Clerk of the City of Anaheim, the improvement of Center Street, from West street to Thalia Street, by the removal of eXisting pavement, excavation, resurfacing with 4-inch plant-mix, adjusting existing manholes to grade, con- struction of concrete cross-gutters, and appurtenant work as indicated on the plans, Project No. 46. in aocordance with the tiesigns, plans, profiles and speoifications prepared by Geor e E. Hol oke eit En lneer and the notice inviting sea ed proposa s, w ch sa d notioe speci- fied that sealed proposals as speoified in said notice would be reoeived up until ~'OO o'clock P.M. ~f the 24th day of January , 1 , and which said notioe did state and de- olare that, pursuant 0 the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertain- ed the prevailing rate of wages for eaoh type of labor needed to ~ execute said contraot and did set forth the prevailing hourly wage scale so ascertained; and on the o'clock hearing to that terials oluding WHEREAS, at a regular meeting of the City Council he Ii 24th day of January , 19 56 , at the hour of t: 00 P.M. ~f said date, said City~oil did hold a pu 1io 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 - - NOli, THEHEFO::1.E, B:G IT RESOLVED by the City Council of t;he City of Anaheim that all plant, labor, eel.vices, materials ,,:Jt equipmc:nt and all utjlities and transportation, and the per- ,- C')rmancc of all work nocessary to construct, install ano. completu '.d a good and workmanli.ko manner, in strict accordanoe with the 3pec1fications, pla.ns and drawings therefor onflle in the office of the City Clerk of the City of Anaheim together with the ap- purtenanoes thereto of said public improvement hereinabove more particularly describoQ ~nd set forth, in the City of Anaheim, by said contractor, be, anQ tho samo is hereby, accepted, subjeot, nevertheless, to all the terms, conditions and provisions of tho contract documents, and that the balance due said contractor for said work bc paid to it thirty-five (35) days from and after final aoceptance of said work as cvidenced by tho adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of oompletion, excepting only such sum or sums as may lawfully be withheld in accQrdance with the pro- visions of said contract and oontract 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 pf Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or vli thheld or for anything relating to tho work or any aotor neg- Idct of the City, its offioers, agents and employees, excepting only claims ~a1nBt the City for any amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that tho Mayor $nd the City Clork of the City of Anaheim be, a.nd they are hQrC.bY, authorized to execute and file a notioe of complotion of said wo.rkas re- qUired by law. TH:i:. FOREGOING RESOLUTION was signed and approvod by me this ~d day of Jull ' 19 56 ATTEST: /7) /7 (?/. ~/ //2 ..~ '-~IA~~IM /': ~ ~~) ..u, <f~ . , / . /1' ,!<-./ C . CLERK OF THI; ~Jilltn1 - -J- .- - r to construct anQ complete, in a good and ~mrkmanlike manner, in sttict aocordance with tll'3 specifications, plans and dra',ings <;l~"o;jfor on file in tb" ..'.fice of the City Clerk of the City of j".at"p.im, of the publlrc .'jl)rOVement herein&oove more particularl:\' de$cribed and set fort.i., and. 'IHEBEAS, the J:'GY CoU,,(.il did thereupon refer said bids to . the City Ji;n~n.e!,_____.. _ ___ .. for ~x"'1nat!on, tab atj o;~ a:1d re:Jurt; :co tn-e d ity Couno iI, and said . Clt;r Engineer ________ ____ _ __ did ther~l1pon exilllne "and tabUIite said sealed pruposals and report the resu].t of'a1a tabulation to the City Council; and wHEREAs~ the City CQuncil did meet in re~arseasion on the14t~"y of~L 19 .:5~, .at th<l 1iP~ Of ' 0 I c.lf\ek P. h.ioQonsld.~ale<Ip~oP<)sal.;lil sl:1-P!tI~tted to1f 'rUX"~lsh1nt materials and per.for.mlng the workhere1nabov.e more ,artt1oularly ~soribed anuset forth~fa~~etg~ty ~~~i~~~ lhel'reupon make nf$"-report and su'6m! t his tabulation of said .e~ed ProPOS~B, and tho City Council did thereu.popf1nd an.d 4e~~~ that the sealed proposal subm1tted byR. J.a~9bl~ ___ to~ _\'~tstruc1i!on, ins talT'ation "'and coriJpletiono.fsa.1d .JIr~1i NOJ.-!I:9.....::-ImpSfvemeDt of 9~J1,t~r~k".u........,.,_.....~... -...-- ~~'Ve mentioned an aeecrlO$d was he Towee.t res]?onstbJ.e pr.... .~.:... '... ....~....:u. ;:';:~:t ~r.:;~~, aid l;-:::{inc;~t ~aldMd '.~ did ;;rrw-ntshing all plant, Tatar, ser\" ces, lDaerla~a and eqUip... "1'IJ.,and a.11 u.tilities and transportation, l'nclud1ngpower, t:Ual ,.n4j,..ter,and performIng all work. neceSS8il'fto conJ:jtJ:'l.leta.t}!1 :D:e. in a good and w01:'kmanlUemanner, in st~ict aQootda,nee *..c..... '..........:'th........... e speCifiOatiOn. s '. Plans. '. and draWingS,.. the.s a..IdPU.P.l.. t... c. ,... . ...mentaB speqified 1n said notloe lnv1t.lng sealed premo.llls, .d'<ft.~ aut,borize the~orand the City Clerk of t~eGlty,of =;:thxec~t,e ;. ~O~\iocto:~~~~o~_ behalf of _t~eGltYOf . """t"'sald ooi1tretctwas dl.1Y ma~e.and enter.,a: into on the J.lt$) qay'.. Fe\>ru.~y-.. 19...2.2....'; and WHERmAS, the said ..t\. J4rJ'99+.~._ .. .....,.... ~a' _nl.sQd all. plant, lal:ior, 81!lMlees..,~laleal!lae9ulp... ..<1..11 uUl.1tles alld transJ?Ortation, antl.pertorme4 /1.11 wor~ . earyfor the construction and 9ompletion. in a good and llke manner 1n strict aocordanoe with the apec1r1oatlOl'1$, ~n<l drawlngs.,' ofsa.i<l public fmprovelJlsnt asapecif1edlJ;l tbe~~lce In'V'itlng sealed propOsalS and in the deta.ll,design, plat., .profUes, drawings and speo1f1cationsprepared 1:>Y or e E. HOI oke OllL.Endneer .' and the contract an en eran 0 "rnh~- '6y---=t"he-CTty of Anaheim; and vVHEREAS, the ~ Q~tI htlU~_ llas dUly certified to the construc"tIOn and compJ.etlon of Baid jJub:4ic improvementhel'eina"bove mentioned and descri'Qsd in accQrdance ld th the plans and epecifica tions and the contraot dOc4ments duly made and entered into with said ~~ NO~lA GO~~DY ; and _...---~.._."- - r " iIHEREAS, the City Council finds that said contractor has ;completed s.aid publio improvement hereinabove more part1cu- lar~deBoribed in accordance with the provisions of the contract and ltbe contract dooument., and that notice of oompletion should be fllledand payment of thG balance due said contraotor authorized in QlOcordanoe with the contract documents. -2- ST ArE OF CALIFORNIA ) COUHrY OF ORANGE ) 55 CITY OF ANAHEIM ) --... I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was adopted upon a final reading at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 3rd day of July, 1956, by the fohlowing vote of the meabers thereof: AYES: COUICIUlEN: Pearson, Fry, Schutte and Wisser. NOES: COUNCILMEN: None. ABSENT: COUICILMEN: Coons. AND I RJRTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 3rd day of July, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed tht seal of the City of Anaheim this 3rd day of July, 1956. I'.'~ cf-" ~..::.c..~ )?f'. /~/~__.<...-.<j CITY CLERK OF THE CITY OF ANAHEIM. (S!ll) .~