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1961-7426RESOLUTION NO. 7426 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 WOODWORTH ROAD STREET IMPROVEMENT FROM NUTWOOD STREET TO APPROXIMATELY 1 0 FEET WE T OF NUTWOOD STREE IN THE C I Y OF ANAHEIM 757O. 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 9 on the 2nd and 9th days of May 1961 a notice inviting sealed proposals for furnishing the following: 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 18th day of May 9 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 May 18 9 19 61 at the hour of 2 :00 o'clock ?EMa the City Clerk and City Engineer of All plant, labor, services, materials and equip- ment, and all utilities and transportation, including power, fuel and water, and performing all work nec- essary to construct and complete in a good and work- manlike 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 im- provement, to wit: The Woodworth Road Street Improvement, from Nutwood Street to approximately 1340 feet west of Nutwood Street, in the City of Anaheim, consisting of the construction of 4 -inch A.C. pavement, concrete curb and gutter, one concrete cross gutter, installation of paddle boards, 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. 583; �1� 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, an 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 tcc 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 on the 23rd day of May 19 61 at the hour of :00 oeclock P,M,, 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 P.O. Box 620 Oran •e California or he construc ion, insta ation an comp Woodworth Road Street Imp rovement Job No. 58 nabove mentioned 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 or furnishing a plant, abor, services, ma_er a 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 w as u y ma a an enters n o on a day of May 19 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, designs, plans, profiles, drawings and specifications pre- pared by the Public Wo Department and the contract made an t entered in wi it by the City of Anaheim; and WHEREAS, the Director of Public Works 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. NOBLE COMPANY 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 THEREFORE BE IT RESOLVED by th 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 th 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 thirty -five (35) days from and after final acceptance of sa 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 accordant with the provisions of said contract and contract documents° That _cceptance by the con- tractor of s =.id 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 r:- lating to the work or any at 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 uthorized to execute and file a notice of completion of said work as required by law, THE FOREGOING RESOLUTION is appro -ad and signed by me this 12th day of December 9 19 61 ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM 19 DENE M. WILL S of Anaheim do hereby certify introduced and adopted at a vided by law of the City Co 12th day of December AYES: NOES: ABSENT: AM e 9 City Clerk of the City that t foregoing resolution was regular meeting pro unc o the ity of Anaheim held on the 19 61 9 by the following vote: COUNCILMEN. Chandler, Fry, Thompson and Schutte COUNCILMEN r. None COUNCILMEN: Coons AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 12th day of December 19 61 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 19 61 CITY CLERK 00 THE CITY OF ANAHT1