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1962-0145RESOLUTION NO. 62R 145 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 MAGNOLIA AVENUE STREET IMPROVEMENT, F OM THE SANTA ANA FREEWAY TO LA PALMA AVENUE IN THE CITY OF ANAHEIM, PROJECT NO. 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 prune 30 and July 7 19 61 a notice inviting sealed proposa 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 Magnolia Avenue Street Improvement, from the Santa Ana Freeway to La Palma Avenue, in the City of Anaheim, consisting of excavation, removal and haulaway, construction of 3 -inch A. C. pavement over 4 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, Project No. 97; 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 ,1u1v 19 619 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 j,1uiv 13 19 61 at the hour 2.f0 o P.M., the City Clerk amity Engineer of �1r 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 to the City Council at !t.s next regular meetings and WHEREAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 18th day of July 9 19 61 at the hour of 3 :00 o Po M0, consider the sealed proposals submitted for fur 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, Orange, California,. for the construction, installation and completion of said Maanolia Avenue Street Improvement. Project No, 97. hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE COQ PANY_ 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. NOBL.F. COMPANY which said contract was duly made and entered into on the ?Ot.h day of .1u 9 19 61 any WHEREAS, the said R. J. NORI.F. COMPAN has furnished all plant, labor, ser- vices, 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 Q drawings of said public improvement as specified in the not ed proposals S7 in the detailed designs, pl spet,ii,cationz prepared by the Public Work y r::�,�and the contract made and entered into with ;'re x of Anaheim; and WHEREAS, the Director of P li ubc or Wks 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. NORLF (IMPgBIL_ 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, 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 transportati.n, and the performance of all work necessary to c.nstruct, install ,:;nd complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said publi improvement hereinabove more particularly de- scribed 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 d,.ys from and r f ter final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the d. -te ,•f the filing of notice of cm, pletion, excepting only such sum or sums as may lawfully be withheld in accordance with the pr visions f said contract and contract documents. That acceptance by the contractor of 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 em- ployees, excepting only claims against the City for any amounts withheld by the City at the time of such payments 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 f completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 1 3th day of February 19 62 CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE es. CITY OF ANAHEIM SEAL) NOES: COUNCILMEN: None. MAYOR or THE CITY OF ANAHEIM I, DENE M. WILLIAMS City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 13th day of February fl 19 62, 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 Februar 9 19 62 IN WITNESS WHEREOF, I have hereunto set my hand and affixe the official seal of the City of Anaheim this 13th day of Februar 19. CI..:. CLERK OF THE CITY OF ANAHEIM 3°