72R-032
RESOLUTION NO. 72R- 32
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
Al~D 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 IMPROVEMENT, TO WIT:
THE LA PALMA AVENUE STREET IMPROVEMENT FROM
APPROXIMATELY 114 FEET EAST OF TO APPROXIMATELY
2,965 FEET EAST OF IMPERIAL HIGHWAY, IN THE CITY
OF ANAHEIM, WORK ORDER NO. 603-B.
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 August 26 and
September 2 , 19 71 , a not1ce 1nviting 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 La Palma Avenue street improvement from approximately
114 feet east of to approximately 2,965 feet east of
Imperial Highway, in the City of Anaheim, consisting of
construction of asphalt concrete pavements over aggregate
basei adjustment of manholes to grade; installation of
survey monumentsr and appurtenant work as more particu-
larlv set forth in the plans and specifications on file
in the Office of the City Clerk or City Engineer, Work
Order No. 603-B.
,......,
in accordance with the desiqns, plans, profiles and specifica-
tions prepared by the Department of Public Works ,
and the notice invitinq sealed proposals, which said notice
specified that sealed proposals as specified in said notice wogld
be received up until 2:00 o'clock P.M. of the 10th day of
Septe~er , 19 71 , and which said notice did state and
..,~
WHEREAS, on Seftember 10 , 1971 , at the hour of
2:00 o'clock P.M., the City Clerk and the C[ty 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 perfo~in9 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 particularly
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 --------
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WHEREAS, the City Council of the City of Anaheim did,
at its next ----- regular meeting, held on the 14~
day of Sept.ember _, 19 71_, at the hour of 1:30 o'clock
P.M., cons1der the sealed proposals submitted for furnishing 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___~ J. Noble Company,
P.O. Box 620~Oranger California 92666
for the cons~ruct1on; 1nstarra~ron ana cample~ion of saro---------
La Palma Avenue St.reet ~proveme~ WQrk Qr~-BO. 60~-~------
here1nabove men~ioned
ana-described, was tne lowest responsible proposal submitted
therefor, and thereupon accep~ed said bid and did award a contract
to said R.. ..I. ~OblLCODlp~DY.. __ _
Eor urn1sh1nq-arr:Plan~, laDor,
services, materials and equipment and all utilities and transpor-
tation, including power, fuel and wa~er, and perfo~ing 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
contracr-Wis duly made and entered into on the 16th day of
September , 19.!!....: and
WHEREAS, the said R. J. Noble Com~any _
has furnished all plant, labor,
services, materials an~uipment and all utilities and trans-
portation, and perfo~ed 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 ~he D~partment of Publlc IOf~
, and tlie contract made and entere 1n 0
with it..... by ~he City of Anaheim; and
WHEREAS, the Direct.or of Public Works
has duly certified to the construcrton ana complet1on of said
nnhl;t"'! ";mnrnvAmani:: hereinabove mentioned and described, in accord-
....."t...
WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly 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 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
perfo~ance 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 herei~-
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 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 ~nd em-
ployees, excepting only claims against the City for amounts with-
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED ~bat 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 FOREGOING RESOLUTION is approved and signed by me
this 25th day of Januarv , 19~.
ATTEST:
~~ T~IT~IM
.I
~ /x. [)~
CIT CLERK OF THE CITY OF ANAHEIM
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STATE OP CALIFO~~IA )
COUNTY OF ORANGE ) ss.
CITY OP ANAHE IM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim, .4IIt_..
do hereby certify that the foregoing Resolution No. 72R-32 was
passed and adopted at a regular meeting of the City Council held
on the 25th day of Januarv, 19 72, by the followinq
vote of the members thereof: ---
AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 25th day of
January , 19....:!.l:-.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 25th day of
Ja.nuary , 19...:!1--- ·
~, ~ 12~~
CIT CLE OP THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing 1s the original of Resolution No.
72R-32 duly passed and adopted by the Anaheim City Council on
January 25, 1972.
M~ );r [)~
City Clerk
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