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63-0667RESOLUTION NO. 63R -667 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 HARBOR BOULEVARD FROM BROADWAY TO SANTA ANA STREET. IN THE CITY OF ANAHEIM JOB NO. 689. 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 the 17th and 24th days of January 19 63 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 Harbor Boulevard, from Broadway to Santa Ana Street, in the City of Anaheim, consisting of excavation, embankment, haulaway and disposal, removal of existing P.C.C. curb and gutter, sidewalk, drives, two catch basins, a weir box and irrigation lines, construction of 3 -inch and variable thickness A.C. pavement, application of paint binder, 6 inches of aggregate base, P.C.C. curb and gutter, P.C.C. sidewalk, a catch basin, a 24 -inch R.C.P. culvert and a P.C.C. entry structure, relocation of an existing traffic signal 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. 689. in accordance with Lions prepared by and the notice inv specified that sea be received up unt of January state and declare of the Labor Code, ascertained the pr needed to execute hourly wage scale the designs, plans, profiles and specifica- the Public Works Department sting sealed proposals, which said notice led proposals as specified in said notice would i1 2:00 o'clock P. M. of the 31st day 19 63 and which said notice did that, pursuant to the provisions of Section 1770 the City Council of the City of Anaheim had evailing rate of wages for each type of labor said contract and did set forth the prevailing so ascertained; and WHEREAS, on January 31 19 .63 at the hour of 2:00 o'clock P. M., the City Clerk and City Engineer of 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 its next regular meeting and WHEREAS, the City Council of to City of Anaheim did, at its next regular meeting, held on the 5th day of FPhruary 19 63 at the hour of 3 :00 ooclock P. M., 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 P. 0. Box 620 Oran e, California for the construction, i nstalla t ion and completion of said improve mP nr of Harbor Boulevard. Job No. 689. hereinabove mentioned and described, was the lc,west responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE CQPA1, for furnishing al 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 duly made and entered into on the 7th day of February 19 63 and WHEREAS, the said R. J. NOBLE COMPANY 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, drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Department and the contract made and entered into with 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 -2- s 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 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 t 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..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 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 Clerl 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 lax, THE FOREGOING RESOLUTION is -.proved and si_ned by me this 13th day of August ATTEST (SEAL) Y OF THE TY OF ANAHEIM NOES: COUNCILMEN N None STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM I DENE M. WILLIAMS 9 City Clerk of the City of Anaheim do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Council of the City of Anaheim held on the 13th day of August 9 1 9 63 a by the following vote: AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of August 19 63 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13t day of August 9 19 63 -3- 0 CI ANAHEIM OF THE CITY OF ANAHEIM!