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56R-3328 RESOLUTION NO. 3328 ~ A RESOLUTION OF THn 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 BROADWAY STREET IH- PROVEHEN!, FROM MAHCHES'rKR AVE.Nu.I!i '!'O THE eIn LIMITS. PROJEC'!' NO. 47. WHEREAS, the City Council of the City of Anaheim did cause to be pUblished in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 12th day and the 18th day ot January , 19 ~6 J a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transpor- tation, inoluding power, fuel and water, and performing all work neoessary to oon- struct and complete, in a good and workman- like manner, in striot acoordance with the plans and speoifioations on tile in the Otfice ot the Oity Olerk ot the Oity ot Anaheim, the tollowing public improvement: The Broadway street Improvement, trom Manchester Avenue to the Oity Limits, oon- sisting ot the removal ot existing pavement, construction ot 2-inch plant-mix surfaoing, adjusting existing manholes to grade, and appurtenant work, as indicated on the plans, Project No. 47. ..- in accordance with the uesigns, plans, profiles and specifications prepared by Geor~e E. HolYOke. City E~in.er and the notioe inviting sea ed proposals, which said notioe speci- fied that sealed proposals as speoified in said notice would be reoeived up until 7:00 0 I clock P .11. of the 24th day of January , 19 56 , and which said notice did state and de- clare that, pursuan~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 contract and did set forth the prevailing hourly wage scale SQ ascertained; and on the o'clOCk hearing to that terials eluding WHEREAS, at a regular meeting of the City Council heli 24th day of January , 19 56 , at the hour of 7:00 P.M. ~f 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 -1- to construct anc.. complete, in 2. goocI and 1.forkmanlike manner, in strict accordance wit.h the; specifications, Dlane and draNings -:- ~)for on file in tL '"ice of the Ci t,\ Cler1~ of the City of l.dcl'c,~im, of the publi. .:)l'OVe!ilont hereinc~iJove wore particularly Qescr~bed and set for~t. and ilHEREAS, the::':.cy Cou;,cil did thereupon refer said bids to the __CIJ;y )lng1n.fer__ ~~__..~:-_ _____ for exam::'nation, tabulatjo:; ","c1d relx,ri-, <;0 tne City Council, and said -- Clt~~!ls!~er _ ___.__ __ _ _ _ ______ did thereupon examine and ta ulate said sealed prvposals and report the result of his tabulation to the City Council; and liHEREAS, the City Council did meet in regular session on the 24thday of. Janua!7.__.19::.2!, at the hOur of 7:00 o'cl~ck P.h.~consider tlie seaLed proposals submitted for-rurnishing materials and performing the work hereinabove more particularly described and set forth, and the___Cl~7_~~~'~~____ of the City of Anaheim did thereupon- make his. -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 -fo~A~~n~he~;I~~, 6t~~ t~i~!~n C~~f~~~~~~tion of :id :Broad::; street IIwrove~n_t, t1:.0A.lfmoheDH_~AY.h. to the Cj..:tz..J..11ll1tJl.l-Proje~tllo. 47, ~ina ove mentioned and described was the lowest responsi le pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. Hoble Oomp~11l.-_____ 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 vTorkmanlike 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 Anahe im with R. J. Hoble C:ODl.Pta:!!1"_ __ __ _..__ _. , which said contract was dUly made and entered into on tEe ~th___ day of '.b~]A";Y____, 19....siL; and ....,- Vv'HEREAS, the said 1\. il._JQble ~O~l~ has furnished all plant, labor, services, ma er a s and equip- ment 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 and drawings, of said public improvement as specified in the notioe inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by -- ~on:e E. Hol~okel Cli~'in.er_ ___.' and the contract ma e and entered into 1,rltFl- ----Oy t1ie Oi ty of Anahoim; and ~vBEREAS, the __. 01t~ E~n~_.__ ,lao duly certified to the construction and completion of said public improvement hereinabove mentioned and described in accordance liTi th the plans and specifications and the contract documents duly made and en tared into I'li th said ---A-_-I~ble . - .QQ~l\X ____~~__~; and JHEREAS, the City Council finds that said contractor has completed said public improvement hereinabovo more particu- larly described in accordance with the provisions of the contract and the contract documents, and that notice of comDletion should be filed and payment of tho balance due said contractor authorized in accordance with the contract documents. -2- NG,/, TI1EHZ::-CL, :-JL IT :il.;~CLVED by ke City Council of "the City of Anaheim ~:,,,,,_t all :clant, labor, sCY'vices, materials 0CJ.uipiIlunt and all ':_'.iJ.iticr a;~d traDfooorte.tion, and the :per- f-'c)2lOcWCe or aJ.1 wo::,:~ ~.) ssar.):c constr'_,Gt, install and comp18t~ in D. good [lwl ,;orkma~:.l t.",~ manne', in strict accordance loTi th tho spocifica ti.o ns, pla.lcs a,i,l drC')"ririp; therefor or. file in the offico of the City Clerk of the Oi ty of .:',-naheim together wi th the ap- purtenances thereto of seid public improvement hereinabove more particularly describuCl.l11J. set fo:ech, in the City of Anaheim, by said contractor, be, an~ thc same is hereby, accepted, subject, nevortheless, to all the terms, 801"di tions an(1.. provisions of the contract documents, and ~hat tho balance due said contractor ~or said. work be paid to it thirty-five (35) days from and after ~._- final acceptance of saiL work as evidenced by the adoption of thi~ rosolution, but not sooner than thirty (30) days after the date of the filing of notice of couplation, excepting only such sum or sums as may laHfully be wi thhJld in accorc1..ance with the pro- visions of said contract anQ contract documents. That acceptance by the contractor of sai6. 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 liabilities due the contractor for anything done or furnished or vIithheld or for an;ything relating to the work or any act or neg- lect of the City, its officers, acents and employees, excepting only claims against the City for any amounts withheld by the City at the timo of such payment. AND BE IT FURTHER RESOLVED that tho Mayor and the City ~lcrk of tho City of Anatoim be, and they are horeby, authorizod to cXJcute and file a notice of completion of said work as re- quired by law. Ta~ FOHEGOING RESOLUTION was signed and approved by me this 12th day of __ June , 19 S6 Al'Ti!.S'I: ._,.~ k"ctG~1F T~~c~f7ANAHEn1 -J- STATE OF CALIFORNIA ) COUJITY OF ORANGE ) s s CITY OF ANAHEIM ) "' I, IlENE M. WllJ.,IAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 3328 was adopted upon a final reading at a Regular Meeting of the City Council of the City of Anaheim, held on the 12th day of June, 1956, by the following vote of the members thereof: AlES: COUNCILMEN: Coons, Fry, Schutte and Wisser. NOES: COUNCn..MEN: None. ABSENT: COUNCILMEN: Pearson. AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution No. 3328 on the 12th day of June, 1956. IN 'WITNESS "WHIREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of June, 1956. L~ '-j)f, i:~~~ CIn CLERK 0F THE CIn OF ANAHEIX. (SEAL) --....