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1961-7264WHEREAS, the City Council of th,, City of Anaheim did cause to be published in a newsp«:p r of general circulation,. printed, published and circulatd in the City of Anaheim, to wit The Anaheim 1 et n g ®.1 e 21st and 28th of Febru.r___ -__a 19 a no c nv_ t ng seal d proposa i_s or urn s gag e following: in accordance with the designs, plans, profiles and specifica- tions prepared by James P. Maddox, Acting City Engineer a and the notice inv ting sea ed proposa ,s, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o"clock P.M. of the 9th day of March -7W-61 and which said notice did state an ec are that, pursuant to the provisions of Section 1770 of the Labor Cody the City Council of the City of Anaheim had ascertained the prevailing rat 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, on March 9h 19 61 at the hour of �;pp oQclock P.M., the City Clerk an ty Engineer of RESOLUTION NO 7264 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 NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT o- THE IMPiQ1IFNiENT OF MILLER STREET. OAP_ N _THE CITY OF ANAHEIM JOB NO. 567. _I____ ■,:a 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 man- ner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the fol- lowing public improvement, to wit: The improvement of Miller Street, from Orangethorpe Avenue to Anaheim Road, in the City of Anaheim, consisting of the construc- tion of -inch A.C. pavement, including excavation and haulaway; construction of Portland Cement Concrete catch basins and 18 -inch reinforced concrete pipe storm drain; excavation and backfill, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 567; the City of Anaheim did open sr. id sealed proposals rc ceived up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation,r including power, fuel and water, a a performing all work neces- sary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawing; therefor on file in th Office of the City Clerk of the City of Anaheim, th public impr^ov ment her ;inabove more parti- cularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did t= bulate the result of said sealed proposals and did make a rep.rt to th City Council t its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did at its next regular meeting, held on the th day of March 9 1961 9 at the hour of 3. o 0 09 cons er a sealed propos,. submitt d rr r- nishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by R. J. NOBLE COMPANY P. 0. Box 620 Oran e Cali orn a or the con;-truction insta ation and comp et on o sae. improve- ment of Miller Street_ from Oran•ethor.e Ave. to Anaheim Rd. Job No.56i ere nabove mentioned and cscrib d was the lowest responsib:l e proposal submitted ther e; f'o.r 9 and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPANY. P. O. Box 620, Oran e California for furni,,hing 11 plant, labor, services, material -s and equ .p- 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 specifi;d 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 duoy m dce a ntere to on a th day of March 19 61; and WHEREAS, the said R. J. NOBLE COMPANY P. 0. Box 620 Oran e, California, has furn shed a p ant, abor, sery cesp mater a s 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, drawings, of said public improvement as specified in the notice inviting seal d proposals and in the detail, designs,plans, profiles, drawings and specifications pre- pared by James P. Maddox Actin. City Engineer 9 and th contract ma e an enter@ .nto w y he City of Anaheim; and WHEREAS, the Director of Works has duly certified to the construe on an. comp s p_�tian of a'• public im- provement hereinabove mentioned and described, in accordance with the plans and sp and the contract documents duly made and entered into with said R. J. NOBLE COMPANY P. O. Box 620 Oran e California and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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 accord- ance with the contract documents. _2_ NOW BE IT RESOLVED by the City Council of the 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 appurtenances thereto, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be and the same are 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 provisions of said contract and contract documents. That acceptance by the con- tractor 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 to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 1'th day of October 9 19 61. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1 DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim, held on the 1Vt day of October 9 1 99 by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN a, None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 1tjth day of October 19 61 IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Anaheim this _1(th day of October n 19 61 (SEAL) lc -3- LEEK OF fiH OF ANAHEIM