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1962-0146RESOLUTION NO 62R 146 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 LEWIS STREET CERRITOS AVENUE STREET IMPROVEMENT. IN LEWIS STREET FROM CERRITOS AVENUE TO KATELLA AVENUE AND N ERRITOS £VEU FROM APPROXIMATELY 1 FEET EAST OF LEWIS STREET TO APPROXIMATELY 620 FEET WEST OF LEWIS STREET. IN THE CITY OF ANAHEIM, JOB NO. 572. 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 Bullet n on March 7 nc1 r h 1 19 61 a notice inviting sealed proposals for furn furnishing the fo 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 Lewis Street- Cerritos Avenue Street Improvement, in Lewis Street from Cerritos Avenue to Katella Avenue, and in Cerritos Avenue from approximately 515 feet east of Lewis Street to approximately 620 feet west of Lewis Street, in the City of Anaheim, consisting of the construction of 4 -inch A.C. pavement, including excavation and haulaway, 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. 572. in accordance with the designs, plans, profiles and specifica- tions prepared by James P. Maddox. Acting City Engineer 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 23rd day of March 19 61 and which said notice did state and declare that, pursuaTo 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 March 23 190 at the hour 2.00 o'clock PeMo the City Clerk and City 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, arvpa 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 on the 28th day of Marc 1961 at the hour of 0 o'clock a 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 Californ or the construction, insta Street Cerritos Avenue L ere' nabove mentioned and described, was the owest responsib proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R J. NOBLE COMPANY, Post_ C)ff jc:p pox 620. Oranae. California. for furnishing all plant, labor, services, materials and equip- 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 •u y ma •e an enters n o on day of March 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 Jaynes P Maddox c i.na ty Engineer and the contract made and entere A into wi it by the City of Anaheim; and WHEREAS, the D}}' ector of Pubbli Works has duly certified to the construction and complet 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 Box 620. Orange. California 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, \r: 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 mann -r 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 nevertheless, to all the terme conditions and provisions of the contract documente 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 evid-nc d by the adoption of this resolution but not sooner than thirty (30) days after the date of the filing of notice of completion exo.pting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contr -cat and contract documents, That acceptance by the con- tractor of said payment mad in accordance with said final estimate shall operate and shall be a r: -lease to the City of Anaheim its officere 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 officere 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 Mayer and the City Cler; of the City of Anaheim be and they are her-by authorized to execute and file a notice of completion of said work as required by law, ATTEST: (SEAL) CITY CLERK 00 THE CITY OF ANAHEIM -3- THE FOREGOING RESOLUTION is approved and signed by me this lath day of Fe s 19 62 0 STATE OF CALIFORNIA COUNTY OF ORANGE ss0 CITY OF ANAHEIM I DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certi 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 13th day of S February 1962 d by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte, NOES: COUNCILMEN 3: None. 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 1962 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this day of February a 190