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1961-7364RESOLUTION N0. 7364 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 GILBERT STREET FROM CRESCENT AVENUE TO LINCOLN AVENUE, IN THE CITY OF ANAHEIM. JOB NO. 22. 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 Jenuary 2!t and January 31 19 61 a notice inviting sealed proposals for furnishing the foliowing: 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 Gilbert Street, from Crescent Avenue to Lincoln Avenue, in the City of Anaheim, by excavation and haulaway, construction of L -inch A.C. pavement, P.C.C. curb and gutter, P.C.C. sidewalk, 2L -inch R.C.P. storm drain, including A.C. inlet with C.M.P. riser, one R.C. catch basin and appurtenances, adjusting existing manholes to grade 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. 562; in accordance with the designs, plans, profiles and specifica- tions prepared by hornton E. Piersall. City Engineer and the notice invit 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 9th day of Feb u r 19 61 and which said notice did state and declare that, pursuant 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 February 9 a 19_11_, at the hour of 2 :00 o °clock PeMo the City Clerk and Engineer of �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 a i 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, regular meeting, held on the lhth day of a Febru 9 1961 9 at the hour of :00 ooclock o r cons er a 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 for construction, nsta ation an. comp e on o sa'• Improvement of Gilbert Street in the Cit of Anaheim Job No at its next MO MO MO ere nabove mentioned and described, was the lowest reaponsib e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE COMPANY or furnishing al plant, labor, 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 was duly made and enters n o on e 1 th day of �_February 9 199 and WHEREAS, the said has urns e• a p_an 9 abor, 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, designR,plans profiles drawings and specifications pre- pared by h t• P s-11 it En ineer 9 and the contract ma.e an en ere n o w it •y he City of Anaheim; and WHEREAS, the Dire for f P ub1 c W •rks has duly certified to the construc on an comp et on o 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 PA 0 L 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- Y 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 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 ath day of NoYembeT a 19 6] 0 ATTEST (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM Ip DENE M. WILLIAMS p City Clerk of the City of Anaheim, do hereby ce�" rtT y that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the ity of Anaheim, held on the 14th day of November 9 19 61 D 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 14th day of November 19 61 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of November 19 61 0