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56R-3216 .-. RESOLUTION NO. 3216 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 IMPROVE:MF,NT OF CERRTT~S ~VEimE:"" FRCJlvj WALNUT STRF.E~ T~ ~;~g ~~~f R ~~~ ~R L.ERR, v,,,,S'T' OF THF. SotJ'T'HF.RN P _0____ ____,_O____.T_B 1W. 110 WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general ciroulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 17th and the 23rd days or F'ebr~.r:;l"Y , 19 '56 , a notice inviting sealed proposals for urnishing the following: All plant, labor, services, materials and equip- ment, and all utilities and transportation, in- cluding power, fuel and water, and performing all work necessary to construct and complete, in a gooo. and workmanlike manner,' in strict accordance with the uIBns and specifications on file in the Office of the City Clerk of the City of Anaheim, the improvement of Cerritos Avenue, from Walnut Street to 1300 feet, more or less, West of the Southern Pacific Railroad, by excavvtion, paving with it-inch plant-mix, adjusting existing manholes to grade, construc- tion of concrete cross-gutters, and appurtenant work as indicated on the plans, Job No. 110. ~, in accordance with the uesigns, plans, profiles and specifications prepared by G~ol"~e~. HOlY~ke. City tfi1neef and the notice inviting sea ed proposa s, wh ch said notioe speoi- fied that sealed proposals as specified in said notice would be reoeived up until 7:00 o'clock P.M. ~f the ~B~ day of Feb~lary , 19'56 ,and which said notice i state and de- clare that, pursuant to 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 each 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 oluding WHEREAS, at a regular meeting of the City Council heli 28th day of February ,19 56 , at the hour of 7:00 P.M. ~f said date, said City~cil 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- __ 11 __ .,..".,=-=,.._.. -~ to construct and. complete, in a good and loTorkmanlike manner, in stC'ict accordance with th"3 specifications, plane and draHings .""t.:for on file in tlF' ,)-~fice of the Ci ty Clerl~ of the City of I.;:,l:"f~im, of the public 'Jl',)rOVement hereinauove more particularly essoribed and set fortl; and 'IHEREAS, thE:' City Cou;-:cil did thereupon refer said bids ~~~;~atio~;tta~~;Q'Jtg*-iJ~:1CL re}Jc.Jr;:~--";o tn-i City 'Council, and s~~~ ~~ Ci~V .Jmtlruter_ _ ___.__._ __ . _~____ did thereupon examine and aDulate said sealed proposals and report the result of his tabulation to the City Council; and \iHEREAS, the City Council did meet in regular session on the .4~'t.l:4_day or. :t'e~I'1.!1<l.U___.19..i6...., at the 1iOur of t~OO O'cl()ck P,j'l. 0 consider t e sealed proposals submitted for urnisning materials and performing the work hereinabove more particularly described and set forth, and the~~~~~~~~r______ of the City of Analieim did 'thereupon- make 1iis- ~report and-submi t his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by E J. ~Qb1e QQ~~n~ 'ft;. fue B~n~~uc~f~~ein~3ti1i~~frJ:tand completion of said. 'I.:...QA.rl;'i tQf3 ..J\vem}f3 -J:lllPl::'OV~)JJa.llt, .To1<...tlq. 11 Q, __________~_ Hereinabove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said R. ~~ ~oQ~ GQ~~DY., p. 0- Bo~ ~~O, Qr~~&e, Calif. 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 ~ ~... Noble QQmDa:a.L...J:.._.JJ._B_ox 62Q..Q.t.~ng;e CaU:(., which said con ract Was dUly made and entered into on the ?~st day of Ma~Qh ______, 19~; and WHEREAS, the said R. rl. l::i.QbJ.,e QQm~~n;t___ has furnished all plant, labor, services, materials 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 drat-rings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by ct'ilJlr~~ ~ .E1€lYQke. Qit:y.Engineer_____.' and the contract IDa e and en ered into \.rft:Fl it oy the Oi ty of Anaheim; and ~ ~mEREAS, the ,___Gity En~;j,n~~_ ___. ~12.S dUly certified to the (}onstruction and completion of said public improvement hereinabove mentioned and described in aC00rdance with the plans and specifications and the contract documents duly made and entered into 'vi th said ii, .r ,J1Qhle r,QrJ.rp~QY, .E....Q4- ...aoJL6ZQ-o..r~.... QaIH.; and . JHEREAS, 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 documentB, and that notice of completion shOUld be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -2- NO\!, TIlEREFO::tI:, 3:2, IT ::iLBOL VED by the City Council of the City of Anaheim that all plant, labor, services, materials d:0 equipment and all utilities and transDortation, and the per- _,c'Jrmancc of all work nocessary to construct, install and complete '.n a good and vwrkmanlike manner, in strict accordance \lTi th tha spocifications, plans and drawings therefor on file in the office of the City Clerk of the City of Anaheim together with the ap- purtenances thereto of said public improvemeht hereinabove more particularly describocl [end set forth, in the City of Anaheim, by said contra~tor, be, and tho same is hereby, accepted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contractor for s~id work be paid to. ~t ~ thirty-five (35) days from and after flnal acceptance of said work as evidenced by tho adoption of this resolution, but not sooner than thirty (jO) days after the date of the filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with the pro- visions of said contract and contract documents. That acceptance by the cuntructor 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 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 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 execute and file a notice of completion of said work as re- quired by law. TH~ FOREGOING RESOLUTION was signed and approved by me this ] {)th day of _ APl'..iJ , 19 "if> ATTEST: , / // ~"0 (. t/ u- e 't-IAYO( ~ 01 ~ -, ~ '-~, . "'--. '1-.' , C C LR/6{ TH~~( ~l1vI ~ -]- STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF AlIAHE:m ) ........... I, DENE M. WILLIAMS, City Clerk of the City of Anaheim., do hereby certify that the foregoing reso~...tioJl ~ adopted upon a final reading at a regular meeting of the City Couneil of the City of Anaheia, held on the 10th day of April, 1956, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Wisser and Van. Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Fry and Schutte. AND I FURTHER CERTIFY that the Mayor of the City of AD.,aheim approved and signed said resolution on the 10th day of April, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheta this 10th day of April, 1956. L~ ~hr ~~.#.~__ CITY CL_ OF THE CI Y OF ANAHEIM (SEAL) ~