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56R-3170 -- RESOLUTION NO. 3170 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 Creseent Avenue street Improvement, from Manchester Avenue to Brookhurst Avenue. Job No. 107 WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general oirou1ation, printed, published and ciroulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 12th day and the 18th day of Januarf ' 19 )6, a notice inviting sealed proposals or furnishing the following: 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 aocordance with the plans and specifications on file in the Office of the City Clerk of the Oity of Anaheim, the follow- ing: public improvement: The Crescent Avenue Street Improvement, from Manchester Avenue to Brookhurst Avenue, consisting of excavation, construction of 5-inch plant-mix surfacin~, adjusting existing mannoles to grade, and appurtenant .'lork as indicated on the plans, Job No. 107. "....- in accordance with the Qesigns, plans, profiles and specifications prepared by George E. Holyoke, City Engineer and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said ~o~ice would be reoeived up until 7:00 o'clock P.B. cf the 2 tn day of January , 19 '6, 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 eaoh type of labor needed to execute said contract 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 heli 24th day of January , 19 56, at the hour of 7: 00 P.M. cf said date, said City Council did hold a public for the purpose of opening sealed proposals reoeived 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 '--....., .r~"'-' to construct ane.. complete, in a good and Horkmanlike manner, in stric t accordance with tho, specifications, Dla:18 and dra1:rings cJ:":cfor on file in tL'r'fice of the Ci t,y Clerk of the City of i,c,aic'~im, of the public 'J,'.):'ovement hereinalJove more particularly eeseL',bed and set for"i:L; cind "HEREAS, th8 C:.ty Cou;:.cil did thereu.pon refer said bids to the Oi ty Engineer for uC8.m:.natlori-;-tabulatTO:;--:::1d re~1('Y'~~:':;o tne- City -CounCil, and said City Engineer .. ..... did thereupon eXB:mine an"d tabuTafe--safcl -seai'e-d'pr-l.)j:)osiiI's-and report the result of his tabulation to the City Council; and 11HEREAS, the City Council did meet in regular session on the 24th_day of,. JanuarX_.__.19 3b, at the hOur of 7:00 orclnck P.fu. to consider the sealed proposals submitted for furnISEing materials and performing the work hereinabove more particularly described anu set forth, and the___Ciyy_~gg19&~~___ of the City of Anaheim did thereupo-n- make his. report andsubmi i his tabulation of said sealed proposals, and tho City Council did thereupon find and determine that the sealed proposal submitted by R. J. Noble Company, P. O. Box 620, Orange, California for the construction, in stalla-t i on and completion of said Crescent Avenue Street Improvement, Job No. 107 he-reYnabovementT6nedandcfe'S"C"r-ibed was the' lowest -resp6-nsibfe~pro_ posal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. Noble Co~oany for furnishing all plant, labor, sel'vices,--materialei-arur 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 C~~!.lL.__ .~__ ,.hieh said contract was dUly made and entered into.-o.n-"tfie- 8th --- day of _~uary ____, 19-..2.2.; and WHEREAS, the said R. J. Noble COillpany 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 scaled proposals and in the detail, design, plans, prOfiles, drawings a~d s>>ecifications prepared by George E. HOlyoke, Clty ~ngineer , and the contract made and entered into \.,ftE'- ~---OythGCi ty of Anaheim; and w"HEREAS, the ___C1t;\' Engineer~~_ __.__ ~as dUly certified to the construction and completion of said Dublic improvement hereinabove mentioned and described in c'.ccordance with the plans and specif lca tions and the contract documents duly made and entered into with said __c____. R. J. Noble Company ; and -.-- ........---- --. '--------. ,-,-'," dHEREAS, the City Council finds that said contractor has completeQ said public improvement hereinabove more particu- larly described in accordance with the provisions of the contract and the contract documenta, and that notice of comuletion shOUld be filed and payment of the balance due said contractor authorized in accordance with the contract documents. -2- NOH, THEREFOli.I:, B:2~ IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials a~o equipmont and all utjlities and transyortation, and the per- .~ ~Jrmance of all work necessary to construct, install and completo \.11 a good and workmanllko 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 describoQ ~nd set forth, in the City of Anaheim, by said contractor, be, and tho samo is hereby, accepted, subject, nevertheless, to all the terms, ccnditions anc. provisions of the contract documents, and that the balance due said contraotor 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 lallTfully be withheld in accordance with the pro- visions 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 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 Oity of Anaheim be, and they arc 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 6th day of Maroh ,19 56 ATTEST: - . ../) " . ../ . / / .. ./~ /;:"-~ '-~C~-~,,/ .~1;CA-/~ !vIA OR 6 T CITY 0 Kr~-----'--:::: ., 1/ C--- . '. ~ /?(,~~-~~-.../ ~RK OF T1E-.CITY OF ANAHEnI ,.,-. -3-