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1961-7118RESOLUTION NO. 7118 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: THE IMPROVEMENT OF CIES STREET FROM PLACENTIA AVENUE TO CYPRESS AVENUE. IN THE CITY OF ANAHEIM. JOB NO. 575. 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 M2er'ch 28 aad Apl 4 19 61 a notice inviting sealed proposals for 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 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 Improvement of Cies Street, from Placentia Avenue to Cypress Avenue, in the City of Anaheim, by construction of 4 -inch A.C. pavement, including fine grade and partial cross- gutter, adjusting manholes to grade, and appurtenant work as more parti- cularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 575; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works DeQQartmee t and the notice inviting sea1ed'proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2 :00 o P.M. of the day of April 1 9 6 1 and which said no ce id 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 q r l 4 6 19 at the hour of 2:00 o e c7 ock Too 9 the Ci ty Clerk and Engineer of mlr the City of Anaheim did open said sealed proposals reoeived 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, and performing all work neces- sary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Offioe of the City Clerk of the City of Anaheim, the public improvement hereinabove more parti- oularly desoribed 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 nett regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held On the 18th day of April 19 61 at the hour of nn o'clock P.M,, consider the sealed submitted or niehing 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 O WANY Post •ff e o, 0 or e cons ruo on, ns a a on an comp a on o sa Imp�roov. lmeat of GG es $$tre t Job o 575. hereinabove mentioned and eseribe d was the lowest responsible said and proposal submitted therefor and thereupon accepted did award a contract to said R. J. NOBLE COMPANY. Post Office o 620 or n s ng a p an a•or, sery cos, ma er a s an equ p meat 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 specifioations, 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 ANY. P 0. Box ;i20 Orange. C if. which said eon rac1 was u y de an entered into on the nth day of Anr i 1 l _61,.,.; and WHEREAS, the said J i\tOgL PA Y. 0 has turniihed a p 1ant e l a b o r, services, srumnrilm all utilities and transportation and performed all work necessary for the oonstruotion and completion, in a good and workmanlike manner, in strict accordance with the speoifioations, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, dssigne,plane, profiles, drawings and specifications pre- pared by and the oontraot MA an en ere n o w y City of Anaheim; and WHEREAS, the has duly certified to the construe on an comp on o sa public im- provement hereinabove mentioned and desoribed, in a000rdanoe with the plans and speoifioations and the contract documents duly made and entered into with said -2- an WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly desoribed in a000rdanoe with the provisions of the oontraot and the oontraot documents, and that notice of completion should be filed and payment of the balance due said oontraotor authorized in a000rd- anoe 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 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 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 comp1etio.• of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 15th day of August 9 19 61 ATTEST: 'Y CLERK OF THE CITY •F ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE Ss. CITY OF ANAHEIM 19 of Anaheim, do hereby certi y that introduced and adopted at a vided by law of the City Council oo 15th day of August (SEAL) I 3k 03® City Clerk of the City the foregoing resolution was regular meeting pro the City of Anaheim, held on the 19, 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 15th day of August 19 61 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of August 196 1