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1961-7450RESOLUTION NO. 7450 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 EAST STREET, FROM THE RIVERSIDE FREEWAY TO LA PALMA AVENUE. IN THE CITY OF ANAHEIM. PROJECT NO. 9 3 t 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 June 30 and July 7 1961 a notice inviting sealed proposals for furnishing the fo owing: 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 East Street, from the Riverside Freeway to La. Palma Avenue, in the City of Anaheim, consisting of excavation, removal and haulaway, construction of 3 -inch A.C. pavement over L. inches of Aggregate Base, Portland Cement Concrete curb, gutter and catch basins, Reinforced Concrete Pipe, 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, Project No. 93; 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 o'clock P.M. of the 13th day of July 1961 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 July 13 1 961 at the hour of 2:00 o P.M., the City Clerk and City Engineer of 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, 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 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 July 9 19 61 9 at the hour of s 00 ooclock P.Mo consider the sealed proposals submitted or 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 e Calif or he construction, install ifid said im• .vem of East tre_t Pr.'ectNo ere nabove menti ned and described, was the owest responsib e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPANY. Post Office ox 620 Oran e California or furnish ng al plant, labor, 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. ABLE COMPANY which said contract was du y ma a an enters n o on a 21 st day of July 9 19 6 and WHEREAS, the said R. J. NOBLE COMPANY has urn s e• a p an 9 abor sery ces, 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, designn,plans profiles, drawings and specifications pre- pared by the Public Works De artrnent 9 and the contract made an en e n o w ___j-. by the City of Anaheim; and WHEREAS, the n{ e c: t c r pf Pi112 Wor s has duly certified to the construction and completion 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_ NQJ COMPANY 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® and NOW BE IT RESOLVED by the City Council of the City of Anaheim that all plant labor services material and equipment and all utilities and t:ransportation 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 improveme t hereinabove more particularly described and set forth in the City of Anaheim by said contractor be and the same are hereby accepted eubJect, 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 provi,- -ions of said contract and contract documents, That acceptance by the con- tractor ,•f 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, ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM I of Anaheim do hereby certi introduced and adopted at a vided by law of the City Co 12th day of December AND BE IT FURTHER RESOLVED that th Mayer and the City Clerk of the City of Anaheim be and they are hereby _uthorized to execute and file a notice of completion of .;aid work as required by law, THE FOREGOING RESOLUTION is appr vsd and signed by me this 2th day of December 9 19 p City Clerk of the City y that the foregoing resolution was regular meeting pro unc o the ity of Anaheim held on the 19 61 9 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 12th day of mac ember 19 61 o IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December 9 1961 0 .ERK OF THE CITY ANAHEIM