1973-547
RESOLUTION NO.
73R-547
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHElf.1 FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICES, ~~TERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND \oJATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:"
THE LA PALMA AVENUE STREET IMPROVEMENT, FROM
EUCLID STREET TO BROOKHURST STREET, IN THE
CITY OF ANAHEIM, WORK ORDER NO. 690-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 the 12th aqd the ]9~h n~y~ or
July , 19~, a not1ce invit1ng sealed
proposals for furnishing the fOIIOWing:
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 Euclid
Street to Brookhurst Street, in the City of Anaheim,
consisting of heater-planing pavement adjacent to
existing concrete and join lines, pre-treatment of
existing bituminous surface including application of
rejuvenating agent, Type B asphalt concrete, adjust-
ment of manhole and" water valve boxes to grade, in-
stall traffic loops and sensors; and appurtenant work
as more particularly shown on the plans and delineated
in the specifications on file in the Office of the
City Clerk or City Engineer, Work Order No. 690-B.
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in accordance with the designs, f'lans, profiles and specifica--
tions prepared by the Public Works D~pa1i~pnr 'd t' '
and the notice inviting sealed proposals, w 1ch sa1 no 7ce
specified that sealed proposals as specified in said not1ce would
be received up until 2:00 o'clock ~.M. o~ the. 26th day of
J 1 19 73, and which sa1d not1ce d1d state and
decla~eYthat ~ursuant to the provisions of Secti~n 1770 of the
Labor Code the City Council of the City of Anahe1m had ascer-
tained the' prevailing rate of wages for each type of l~b~r n~ede~
to execute said contract, and did state that the preva1l1ng ,our y
wage scale so ascertained was on file in the Office of the C1ty
Clerk; and
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WHEREAS, on July 26 , ),973 , ,it t.he hour of
_ "2:00_ o'clock P.M.., the Clty Clerk and t,he CH.y EngIneer of
the CIty of Anaheim d~d open sa~d sealed proposals rece..ved Jp
to that tIme for t~he furnishing of all plant, labor, serVI ces.
materials and equIpment, and all utlllties andtransportatlor;.
including power, fuel and water, and performing all work neces-
sary to construct and complete, "In a good and workmanlike manner.
In strIct accordance w.1th the speclflcations, plans and drawings
therefor on f~le ln the Office of the Ci ty Clerk of the Cl t"y of
Anahe~m, the pubL1c .improvement herel"nabove more particular' "y
described and set forth, in public, l.n the City CouncIl Chamber
in the City Hall, Anaheim, California, and the City Englneer d'i:d
tabulat.e the result of said sealed proposals and dj. d make a
report to the CIty Council at its next --------- regular
rneet1.ng; and
WHEREAS, the Cl,ty Council of the City of Anaheim did,
at lts next ---------- regular rneet~ng, held on the 31st
day of July , 19..:!.l.-, at the hour of 1:30 0 cl.ock
P.M., consider 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 R. J. NOBLE COMPANY, P.O. Box
620, Oranqe( California 92666
for the construct~on, installation and completion of said La Palma
Ave. st. imprvt. from Euclid St. to Brookhurst St.. in the city of
Anaheim, Work Order No. 690-B hereinabove mentloned
and descrlbed, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said R. J. NOBLE C~MP~Y
or urnishlng all plant, labor,
servlces, 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, plans and
drawings, the said public improvement as specified in said not1.ce
inviting sealed proposals, and did author~ze 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 sa1.d
day of
contract was duly made and entered ~nto on the
Auqust , 19I1--; and
6th
R. J. NOBLE tOMPANY
has furnished al plant, labor,
serv~ces, mater~als 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 str~ct
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 Departrnenj
, and the contract made and entere ~nto
w~th it by the City of Anaheim; and
WHEREAS, the said
,-
WHEREAS, the Director of PMb1ic ~or~~
has duly certified to the construct~on an comp et~on of.sa~d
public improvement hereinabove mentioned and descr~bed, ~n 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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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particll"'
larly described in accordance with the prov1sions of the contr&cl
and the contract documents, and that notlce of completion should
be filed and payment of the balance due said contractor author~zed
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 specificatlons, 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 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 .,."1 th""
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED tmat the Hayor and the Clty
Clerk of the City of Anaheim be, and they are hereby authorized
to execute and file a notice of completion of said work as
l:equlred by law.
THE FOREGOING RESOLUTION is approved and signed by me
thlS 13th day of November , 19 73 .
ATTEST:
r) ~
~~F THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF ANAHEIM )
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I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-547 was
passed and adopted at a regular meeting of the City Council held
on the 13th day of November , 19 73 , by the following
vote of the members thereof: -
AYES: COUNCILMEN: Stephenson, Sneegas, 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 13th day of
November , 19 ~.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 13th day of
November · 19 73 · ~ '>>r ~
CIT CLERK OF THE CITY 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-547 duly passed and adopted by the Anaheim City Council on
November 13, 1973.
1L- M j)~
City Clerk
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