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1953-2077A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AvAH}IM FINALLY ACCEPTING THE FURNISHING OF ALL PLANT LABOR, SERVICES, MATERIALS AND E;UIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE TI" FOLLOWING PUBLIC IMP :POVET4ENT The Davin_ of West VeLlant Street from Lemon Stre t to Palm Streit in he City of Anaheim RESOLUTION NO. 2077 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 8th day of November and the 14th day of November 1952, a notice inviting healed proposals for furnishing the following: All plant, labor, services, materials and equipment and all utilities and transportation and the performance of all work necessary to construct, install and complete in a good and workmanlike manner in strict accordance with the specifications, plans and drawings there— for on file in the office of the City Clerk of the City of Anaheim together with the appurtenances thereto and the improvement of West Vermont Avenue from Lemon Street to Palm Street, full width between gutters by the removal of existing earth and paving with 3 —inch plant mixed surfacing. in accordance with the designs, plans, profiles and specifications prepared by George E. Holyoke, t_Y F,n and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 8:00 o'clock P.M. of the 19th day of November 19 52, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City —1— Council of the City of Anaheim had ascertained 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 held on the 19th day of November 19�, at the hour of 8 :00 otclock P.T. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up Go that time, for furnishing of all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to con- struct 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 City Engineer did thereupon examine and tabulate said sealed proposals and report the result of his tabu- lation to the City Council; and WHEREAS, the City Council did meet in regular session on the 19th day of November 19, at the hour of 8 :00 otclock P.M. to consider the 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 and submit his tabu- lation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by H. J. Noble Company, P. 0. Box 620, Orange, California, a oor oration for the construction, installation and ompletion of said paving of eat Vermont Street from Lemon Street to Palm Street in the City of Anaheim hereinabove mentioned and described was the lowest responsible proposals submitted therefor, and thereupon accepted said bid and did award a contract to said R. tr for furnishing 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 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 a ,�ipmaa which said contract was duly made and entered into on the 24th day of Novembe r 19 5 and nished all plant, labor, services, materials and equipment 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, pro- files, drawings and specifications prepared by Gorge E. Hol'oke C ngtneer and the contract made and entered into with him by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifica- tions and the contract documents duly made and entered into with said R. J. Noble Compan and WHEREAS, the City Council finds that said contractor has completed aaid public improvement hereinabove more particularly tescribed in accordance with the provisions of the contract and WHE:'EAS, the said R. J. Noble Company has fur- 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all uti:i.ities and transportation, and the performance 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 appurtenances `hereto 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, hevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contractor for said work be paid to him 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 with— held in accordance with the provisions 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 anything 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 RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby, authorized Go execute and file a notice of completion of said work as required. by law. THE FOREGOING RESOLUTION was signed and approved by me this /0 day of January 1953 ATTEST: MAYOR OF CITY OF ANAHEIM STATE OF CALIFORNIA 1 COUNTY OF ORANGE ss. CITY OF ANAHEIM 2 31 foregoing resolution was passed and adopted at a 41 meeting of the City Council of the City of Anaheim, held on the _.134Y1day of January 19.53., 5 6 by the following vote of the members thereof: 7I 8 9 10 I' 11 12 13 14 15 16 17 of Anaheim this 18 19 I, 20 21 (SEAL) 22 23 24 25 26 27 28 29 I 311 32 I I I CITY OF ANAHEIM 11 204 E. CENTER ST. i ANAHEIM, CALIFORNIA 'II I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the 13th day of Reular AYES: COUNCILMEN: Pearson, Wisser, Keying, Boney Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of January 19.53 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City January ff��ff� City Clerk o lc.f 4 City of Anaheim