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1962-0148A 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 CERR I TOS AVENUE FROM P LACENT IA AVENUE TO AP PROXIMATTLY 5 .1, 5 Y OF AN EIM, JOB NO 657. 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 October 1 and 10 9 19 E,t 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 Cerritos Avenue, from Placentia Avenue to approximately 515 feet east of Lewis Street, in the City of Anaheim, consisting of excavation, removal and haulaway, construction of 3 and 4 -inch A. C. pavement over 8 inches of aggregate base, 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. 657; in accordance with the designs, plans, profiles and specifica- tions prepared by the Public ork De.artment 9 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 19th day of October 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 October 19 19 _61 9 at the hour of 2 :00 o'clock P. M., the City Clerk and City Engineer of RESOLUTION NO 62R 148 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, 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 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 meat regular meeting held �n thee. day of October 9 19 61 9 at the hour of 3.00 ooelock cons er a sealed proposals submitted o3' r farm 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 California oche constructions installation an comp a ono sa Improvement of Cerritos Avenue Job No 6 ere'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 furnish ng all plant labor services, materials and eq 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 eon tact was du y ma a an entered 1st day of November 19 61 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 De artment and the contract made and entered into w ith it by the City of Anaheim; and WHEREAS the Director of Public Works has duly certified to the construction and 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 servic 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 appurte :•,ances 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 neverthelees 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 evidencd 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 finial 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 exc -pting only claims against the City for any amounts withheld by the City at the time of such payment° AND BE IT FURTHER RESOLVED that thc, May ar and th City Clerk of the City of Anaheim be and they are hereby uthorized to execute and file a notice of completion of said w;urk s required by law, THE FOREGOING RESOLUTION is approved and signed by me this 13th day of February fl 19 62 ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE as CITY OF ANAHEIM I9 of Anaheim do hereby certi':y that introduced and adopted at a vided by law of the City Co 13th day of Feb u ary (SEAL) D 161 NOES: COUNCILMEN:: None. _3m 9 City Clerk of the City the foregoing resolution was regular meeting pro unci o the ity of Anaheim held on the 9 1962 9 by the following vote: AYES COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of February a 1962 0 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1 t day of Fvbruary 19 62 0