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1973-306 - ~ .~ RESOLUTION NO. 73R- 306 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 \'lATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE HARBOR BOULEVARD AND NORTH STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 674-A. 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 5th and 12th days of April , 19 73 , 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 Harbor Boulevard and North Street street improvement, in the City of Anaheim, consisting of clearing and grub- bing; excavation; construction of asphalt concrete over aggregate base, asphalt concrete over native soil and variable thickness asphalt concrete; construction of P.C.C. curb and gutter, sidewalk and driveway approaches; relo- cation of electric signs and street light; and appurtenant work as more particularly set forth in the plans and spe- cifications on file in the Office of the City Clerk or City Engineer, Work Order No. 674-A. ~ in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artme and the notice inviting sea ed proposals, wh1ch sa1d notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the ,Q+-h day of April , 19 73 , 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 ascer- tained the prevailing rate of w~ges for each type of l~b~r needed to execute said contract, and d1d state that the preva1l1ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- - ..- .r-' WHEREAS, on April 19 , 1973 , ~~ the hour of 2:00 o'clock p.M.,-ihe CIty Clerk and the CIty EngIneer of the CIty of Anaheim did open said sealed proposals rece1.ved IIp to that time for t.he furnishing of all plant, labor, serv,lces. materials and equIpment, and all utlllties and transportatior" including power, fuel and wat.er, and performing all work neces.- sary to construct and complete, .In a good and workmanlike manner. In strict accordance with the speclfications., plans and drawings therefor on file ln the Office of the City Clerk of the Cl t.y of Anaheim, the public ~mprovement hereinabove more particulariY described and set forth, in public, in the City CouncIl Chamber .in the City Hall, Anaheim, California, and the City Engl.neer dld tabulate the result of said sealed proposals and did make a report to the City Council at its next ------------ regular meeting; and WHEREAS, the Clty Council of the City of Anaheim did, at its next _------------- regular meetJ.ng, held on the 24th day ofA,pril , 19--1.1-, at the hour of 1:3~ o'clock P.M., consider the sealed proposals submitted for urnishing 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.O. Box 620, Oranqe, cali~ornir 92666 for the constructJ.on, instal ation and completion of said Harbor Blvd. and North St. street improvement. in the Ci6y of Anaheim. Work Order No. 674-A hereina ove mentl.oned arid described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. N~aLE COMVANl or furnJ.sning all plant, labor, servJ.ces, materials and equipment and all utilities and transpor- tation, 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, pl.ans and drawings, the said public improvement as specified in said notJ.ce 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 _ .T _ NORT.F. (,,~M'P~NV W J.c sa1.d contract was duly made and entered into on the 3rd day of Mav , 19-11-; and R'i. N9BkE COMEAN:I has urnJ.s ed all plant, labor, services, materJ.a1s and equipment and all utilities and trans- portation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and 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 by the City of Anaheim; and WHEREAS, the said wJ.th J.t .~. WHEREAS, the Director of Public Works has duly certified to the construction and completion of saJ.d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said R. J. NOBLE COMPANY ; and -:2- ,- -- r' WHEREAS, the City Council finds that said con~ractor has completed said public improvement hereinabove more particll.'- larly described in accordance with the prov1sions Of the contracl and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor authorized in accordance 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 transportation, and the performance of all work necessary to construct, install and com- plete, 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 herein- above 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 con- tractor for said work be paid to it 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 ~cco~dance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accord.. ance 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, agen~s and em- ployees, excepting only claims against the City for amounts v~i tb.. held by the City at the time of such payment. AND BE IT FURTHER RESOLVED tinat the Mayor and the C1ty Clerk 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 approved and signed by me th~s 24th day of Julv , 19-11-. ATTEST: ,~ -3- .-.-. - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~ I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-306 was passed and adopted at a regular meeting of the City Council held on the 24th day of Ju1v , 19..:1.1.., by the following vote of the members thereof: AYES: COUNCILMEN: NOES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom, and Dutton None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 24th day of July , 19--1L. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of July , 19.1.1- L~~ CrT CLERK OF THE CrTY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-306 duly passed and adopted by the Anaheim City Council on July 24, 1973. iJ~ M~ City Clerk ~