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63-0770RESOLUTION NO. 63R 770 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT, TO WIT: THE IMPROVEMENT OF LA PALMA AVENUE, FROM APPROX. 1,300' WEST OF EUCLID ST. TO APPROX. 1 10' EAST OF BROOKHURST ST. AND FROM APPROX. 600 EAST OF GILBERT ST. TO APPROX. 600' WEST OF MA AVE JOB NO 481 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 6th and 13th days of June 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 Improve- ment of La Palma Avenue, from approx. 1,300' west of Euclid St. to approx. 1,300' east of Brookhurst St. and from approx. 600' east of Gilbert St. to approx. 600' west of Magnolia Ave., in the City of Anaheim, consisting of excavation, including com- pacted embankment and all necessary removal, haulaway and disposal; removal and disposal of miscellaneous items; con- struction of 2, 3 and 4 -inch A.C. pavement, including skin coat, weed killer, paint binder and fog seal coat; 4 of aggregate base; Portland Cement Concrete curb, and curb and gutter; P.C.C. cross gutter, spandrel and corner block; application of prime coat; adjustment of a water valve box to grade; removal of a weir box and stand pipes; removal or crushing of existing irrigation line; construction of irriga- tion line junctions; relocation of an irrigation valve; relocation of a fence; installation of paddle boards, and appurtenant work as more particularly set forth in the plans and specificationson file in the Office of the City Clerk or City Engineer, Job No. 4810. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment and the notice inviting sea ed 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 20th day of June 19 63 and which said notice did state and declare t ate, 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 June 20 19 63 at the hour 2 :00 o'clock P. M., 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, 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 cularly described and set forth, public, punch Chamber in the City Hall, Anaheim, California, .arid the Y C,ity cil 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 t <e City of Anaheim did, at its next regular meeting, held on the 25th day of ofclock P, M., the sealed fo nishing the materials and work hereinabove r fur- p particularly described and set o fort h the aand did thereuponfindand determine that the sealed proposal submitted by R. J. NOBLE COMPANY. P. O. Box 620. Orange, California, for the construction, installation and completion of said Improvement of La Palma Avenue, Job No. 4810, 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 COMPANY for furnishing all plant, labor, services, 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 p 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 27th day of June 19 6 63 3 anc 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. TT. 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, m2® 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 completes 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 sai3 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 Cler 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 a•proved and signed by me this 24th day of Se•tember n 9 ;3 (SEAL) m3® STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM Is, DENE M. WILLIAMS s, 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 94th day of September 9 19 633 9 by the following vote: AYES: COUNCILMEN: Dutton, Chandler, Schutte and Coons NOES: COUNCILMEN; None ABSENT: COUNCILMEN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 24th day of September fl 19 63 0 IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of September 9 19 63 0 0 T C�0 A IiEIl