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1961-7257RESOLUTION NO. 7257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMFLETION 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: TN THE CITY OF ANAHETM, JOB NO_ 4800. 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 March 28 and April b. 1961 a notice inviting sealed proposals for furnishing the foowing: 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 therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Bali Road Street Improvement from Placentia Avenue to the Southern Pacific Railroad in the City of Anaheim consisting of the construction of 4 -inch A.C. pavement and 3 -inch A.C. pavement over 4 -inch aggregate base including excavation, haulaway 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. 4800; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 ovclock P.M. of the 13th day of April 19 61 and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City 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, on April 11_ 19 61 at the hour of 2.40 olclock P.M., the City Clerk an ty Engineer of elm the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation,. including power, fuel and water, attii performing all work neces- sary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plane and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove 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 tabulate the result of said sealed proposals and did make a report tc. the City Council at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held an the 18th day of Apri 9 1961 at the hour of 3 :00 o'clock cons e a sealed proposals submitted f or furor 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 Post Office Box 620 Oran. a California for the construct on, insta ation an comp a ono sa Ball R oad Street m rovement Job No 1800 e ire nabove mentioned and described, was the owest responsible proposal submitted theref ®r and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPANY, Pct fnf f i rP or urnish ng a. plant, abor services, ma er a s an 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 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 •u ma•e an entere• n o on �e p lat day of April ,9 1961 and WHEREAS, the said R. J. NOBLE COMPANY has furnished 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, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, designa,plans profiles, drawings and specifications pre- pared by the Public Works Deaartment and the contract ma •e an en ere n o w it y he City of Anaheim; and WHEREAS, the n9r ct_nr f_P» 1_9f mar has duly certified to the construction and c omp et on of said public im- provement 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. Post Office Box 62 0. Orange. Califor 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* NOW, THEREFORE, BE IT RESOLVED by the City Coundil 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 3rd day of Oc obe i 19 61 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE es. CITY OF ANAHEIM I, 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 coliEFIT of Anaheim, held on the 3rd day of October 19 61 by the following vote: AYES: COUNCILMEN, Chandler, Coons, Fry, Thompson and Schutte. 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 3rd day of October 19 61 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of October 1961 4 (SEAL) CLERK 0 CAI' 01' A AHEIM