70R-194
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~SOLUTION NO. 70R- 194
A RESOLUTI N OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FU ISHING OF ALL PLANT, LABOR,
SERVICES, TERIALS AND EQUIPMENT AND ALL
UTILITIES D TRANSPORTATION INCLUDING POWER,
FUEL AND W TER, AND THE PERFORMANCE OF ALL
WORK NECES ARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING UBLIC IMPROVEMENT, TO WIT: THE
IMPROVEMEN OF VERMONT AVENUE, FROM APPROXI-
MATELY 960, FEET EAST OF DAKOTA STREET TO
APPROXIMATtLY 278 FEET EAST THEREOF, IN
THE CITY ot ANAHEIM, WORK ORDER NO. 419.
WHEREAS, t4e City Council of the City of Anaheim did
cause to be publisheq in a newspaper of general circulation,
printed, published a1d circulated in the City of Anaheim, to
wit: The Anaheim Bu~letin, on October 16 and October 23,
, 19 69 ,a notice inviting sealed
proposals for furnis~ing the following:
All plant, labor, services, materials and equipment, and
all utilities an~ transportation, including power, fuel
and water, and p~rforming all work necessary to construct
and complete in ~ good and workmanlike manner, in strict
accordance with ~e 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 ~t: The improvement of Vermont Avenue,
from approximate~y 960 feet east of Dakota Street to
approximately 27a feet east thereof, in the City of Anaheim,
consisting of cl~aring and grubbing, excavation, compacted
import borrow; c~nstruction of asphalt concrete pavement;
construction of P.C.C. curb, curb and gutter, sidewalk,
drive approach, dross gutter, spandrel and blanket, construction
of storm drain f~cilities; removal of curb and gutter,
sidewalk, drainage box, wood guardrail and fence; relocation
of traffic sign; adjustment of manhole cover to grade,
and appurtenant work as more particularly set forth in the
plans and specifications on file in the Office of the City
Clerk or City Englineer, Work Order No. 419.
in accordance with th~ designs, plans, profiles and specifica-
tions prepared by fffl Department of Public Works
and the notice inviti g 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 30th day of
October , 19 691 , and which said notice did state and
declare that, pursuan~to the provisions of Section 1770 of the
Labor Code, the City douncil of the City of Anaheim had ascer-
tained the prevailing rate of wages for each type of labor needed
to execute said contract, and did state that the prevailing hourly
wage scale so ascerta$ned was on file in the Office of the City
Clerk; and
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WHEREAS 1 on October 30 ,19 69 , at the hour of
2:00 o'clock P,M., the City Clerk and the Cfty Engineer of
the City of Anahei~ did open said sealed proposals received up
to that time for t e furnishing of all plant, labor, services,
materials and equi ment, and all utilities and transportation,
including power, f~el and water, and performing all work neces-
sary to construct nd complete, in a good and workmanlike manner,
in strict accordan e with the specifications, plans and drawings
therefor on file iq the Office of the City Clerk of the City of
Anaheim, the public improvement hereinabove more particularly
described and set ~orth, in public, in the City Council Chamber
in the City Hall, ~naheim, 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 the City of Anaheim did,
at its next ----t- regular meeting, held on the 4th
~------- ------
day of November' , 19 69 , at the hour of 1:80 o'clock
P.M., consider the sealed proposals submitted for-furnishing the
materials and perf rming the work hereinabove more particularly
described and set rth, and did thereupon find and determine that
the sealed proposal submitted by R. J. NOBLE COMPANY,
P.O. Box 620, J?Fange California -- ~ --
rortne construct:fop, ins~allation ana compTet:fon argiro--
improvement of Ve~ont ~n-.?e ip the City of ~a~he~, WorK Order
No. 419. here1nabove mentioned
ana-described, was Ithe-rowest responsiDTe proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said --1L-L. N1;>Qle Comp'illY.
-- . ror furnishing aTl planr;-Iabor,
services~ materials! anaeqUIPment and all utilities and transpor-
tation, including pbwer, fuel and water, and performing all work
necessary to constr~ct and complete, in a good and workmanlike
manner, in strict apcordance 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 C~ty of Anaheim to execute a contract for and
on behalf of the City of Anaheim with R. J. Noble Com~any
which said
contract was duly m~de and entered into on the _~th day of
Nm{~~ , 19 -ti..2-; and
WHEREAS, the said
has furnfshed all pTant, labor,
serv:fces, mater:faTs1 anaequrpment and all utilities and trans-
portation, and perfbrmed 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 ~s specified in the notice inviting sealed
proposals and in the detailed designs, plans, drawings, and
specifications prepared by th~ D~~t~ent Q[ Public Works
, and the con ract made and entered :fnto
--~---------
with _~~__ by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the-conStrUctron-anacompTet:fon of sa:fd
public improvement ~ereinabove 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
--
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WHEREASI, the City Council finds that said contractor
has completed sai~ public improvement hereinabove more particu-
larly described i~ accordance with the provisions of the contract
and the contract :cuments, and that notice of completion should
be filed and payme t of the balance due said contractor authorized
in accordance with the contract documents.
I
NOW, TH~REFORE, BE IT RESOLVED by the City Council of
the City of Anahei~ that all plant, labor, services, materials
and equipment and ~ll utilities and transportation, and the
performance of alII work necessary to construct, install and com-
plete, in a good a~d workmanlike manner, in strict accordance
with the specifica~ions, plans and drawings therefor on file in
the Office of the City Clerk of the City of Anaheim, together
with the appurtenapces thereto, said public improvement herein-
above more particu~arly described and set forth, in the City of
Anaheim, by said cbntractor, be, and the same are hereby accepted,
subject, neverthel~ss, 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 or sai~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 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, agents and em-
ployees, excepting only claims against the City for amounts with-
held by the City at the time of such payment.
AND BE OCT 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 of completion of said work as
required by law.
THE FO~GOING RESOLUTION is approved and signed by me
this 14th day of! __!E!il ______, ~9 70
) I " (1'! /)
'~i~it ~L
MAYOR 0 THE CITY OF ANAHEIM
ATTEST:
~\
I )j.'~'
CIT CLERK OF ~OF
ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
"'-"""';'
I, DENE M. WI~LIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 70R-194 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of ~naheim, held on the 14th day of April, 1970,
by the following vote of the members thereof:
AYES: COUNCIlMEN: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCIJ;.MEN: None
ABSENT: COUNCIlMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed sai4 Resolution No. 70R-194 on the 14th day of
April, 1970.
IN WITNESS WH~REOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 14th day of April, 1970.
iL)r~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
70R-194 duly passed and adopted by the Anaheim City Council on
April 14, 1970.
Jl-)Jr.~
City Clerk