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1955-2990RESOLUTION NO. 2990 A RESOLUTION OF THE 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: TEE CR_ SCi I T STR 2T II P_OV2MENT. FROM BR00KEI ..ST AV.,.. UE TO CITTLTELT STPLE T, JOT NO L 100 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 9th day and the 16th day of August 19 55 a notice inviting sealed proposals for furnishing the following: All plant, labor, services, terials and equip- ment, and all utilities and transportation, in- cluding po ?rer, fuel and water, and performing all work necessary to construct and complete, in a good and workma like ;.canner, in strict accord- ance with the fans and sacci_fications on file in the Office of the City Clerk of the City of Anaheim, the improvement of Crescent Avenue from Brookhurst Avenue to Gilbert Street, the removal of exist- ing material, placing carrpac fill, paving a strip whir L -inch plant -mix, adjusting; existing manholes to grade, and appurtenant work, as indicated on the plans, Job No. 100, in accordance with the aesigns, plans, profiles and specifications prepared by Geor -4e E. Holyoke, City nineer, and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notice would be received up until :00 ofclock P.M. of the 23rd day of August 19 5 and which said notice did 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 so ascertained; and WHEREAS, at a regular meeting of the City Council hell on the 2 rd day of August 19 55 at the hour of 7:00 o .M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and equipment, and all utilities and transportation, in- cluding 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 of the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the City Engineer for examination, tabulation and report to the City Council, and said Cit_ Enineer did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 23rd day of August 19_0_, at the hour of 7:00 olclock P.I. to consider tie sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the City Engineer of the City of Anaheim did thereupon make his report aria his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by R. J. Noble Com an P. C, Box 620 Orance, California for the construction, installation and completion of said CRESCENT AVENUE STREET IMPROVEMENT J JOB NO. 100 hereinabove mentioned and described was the lowest responsib e proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said R. J. Noble 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. Noble Company, which said contract was duly made and entered into on tie 3ist day of August 19 55 and WHEREAS, the said R. J. N O CO "PAYTh 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 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 Oeo;e E. Hooke, City un and the contract made and entered into with i t by tie City of Anaheim; and WHEREAS, the C it1r En ine r has duly certified to tie construction 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 with said R. J. Noble Company and 'JHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particul- arly described in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of tae City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the per formance of all work necessary to construct, install 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 of the City of Anaheim together with the ap--.. purtenances thereto of said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the 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 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 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 contractors 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 anythin 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 SOLVED 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 re- quirud by law. THE FOREGOING RESOLUIICN was signed and approved by me thi 8th day of November 19 55 ATTEST: CITY CLERK “E CITY OF ANAHEIM -e MAYOR OF THE CITY OF ANAh I STATE OF CALIFORNIA COUNTY OF ORANGE ss. 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 a regular meeting of the City Council of the City of Anaheim, held on the 8th day of November, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap- proved and signed said Resolution on the 8th day of November, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of November, 1955. CITY CLERK OF THE CITY OF ANAHEIM