1973-482
RESOLUTION NO.
73R-482
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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 BALL ROAD & DALE AVENUE NORTHWEST CORNER
STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 68l-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 31st day of Mav and the
7th day of June ,1973 , 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 Ball Road & Dale Avenue northwest corner street
improvement, in the City of Anaheim, consisting of
excavation, construction of P.C.C. curb, curb and
gutter, sidewalk, type B asphalt, Class 2 aggregate
base, installation of paddleboards, adjustment of a
pull box to grade, removal of paddleboards, reloca-
tion of signs, and appurtenant work as more particu-
larly set forth in the plans and as delineated in
the specifications on file in the Office of the City
Clerk or City Engineer, Work Order No. 68l-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works De~ar~mp~r . .
and the notice inviting sealed proposa s, wh1ch sa1d not1ce
specified that sealed proposals as specified in said notice would
be received up until 2:00 o'clock P.M. of the 14th day of
June , 19 73 , and which said notice did state and
declare that, pursuant 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 lc:'-b~r needed
to execute said contract, and did state that the preva1l1ng ~ourly
wage scale so ascertained was on file in the Office of the C1ty
Clerk; and
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WHEREAS, on June 14 , 1973 , ,:it the hour of
_ _~~ o'clock P.M. ,-the C.lty Clerk and t.he CIty Englneer of
the CIty of Anaheim did open sa1.d sealed proposals rece"lved ..l.p
to that tlme for t"he furni shing of all plant, labor, serVl ces ,
materials and equlpment, and all utlllt1es and transportat.lor:,
including power, fuel and water, and performing all work neces-
sary to construct and complete, "In a good and workmanlike manner.
ln strict accordance wlth the speclfications, plans and drawJ.ngs
therefor on f1le ln the Office of the City Clerk of the Clt.y of
Anahe1m, the pubU.c .improvement herelnabove more particula.ny
described and set forth, in public, ~n the City Councll Chamber
.in the City Hall, Anaheim, California, and the City Engl.neer did
tabulate the result of said sealed proposals and dId make a
report to the City Council at its next - - - - - - regular
meetl.ng; and
WHEREAS, the C.l.ty Council of the City of Anaheim did,
at i t"s next - - - - - - - regular meet1ng, held on the 19th
day of -~ne , 19 73 , at the hour of 1:30 0 CJ"ock
P.M., consider the sealed proposals submitted for furnishing the
materials and performing the work hereinabove more partl.cularly
described and set forth, and did thereupon find and determl.ne that
the sealed proposal submitted by R. J. NOBLE COMPANY, P.O. Box 620,
Orange, California 92666
for the construct10n, l.nstallation and completion of sal.d Ball Rd.
& Dale Ave. Northwest corner street improvement,' in. the City of
Al'iahe1m, Work Order No. 681-A hereinabove mentloned
and desct:1bed, was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a co~tract
to sal.d R. J. NOBLE COMPANY
for furnish1ng all plant, labor,
serv1ces, 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 notl.ce
inv1ting sealed proposals, and did author1ze 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 sal.d
contract was duly made and entered 1nto on the 21st day of
June , 19~; and
R. J. NOBLE COMPANY
has furnished all plant, labor,
serV1ces, matec1als 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 1nto
w1th by the City of Anaheim; and
WHEREAS, the said
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WHEREAS, the Director of Public Works
has duly certified to the construction and complet1on of sa1d
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
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particlle
larly described in accordance with the prov1sions of the contract
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 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 V'~ tn,"
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED tihat 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
requ1red by law.
THE FOREGOING RESOLUTION is approved and signed by me
th1s 16th day of October , 19..11-.
ATTEST:
DENE M. DAOUST, CITY CLERK
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By {~'AY-rl /U -;. ~ ct.-i/U:.rr..-.:t..-/ Deputy
CITY CLERK OF TaE CITY OF ANAHEIM
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~ATE 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-482 was
passed and adopted at a regular meeting of the City Council held
on the 16th day of October , 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 16th day of
October , 19~.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 16th day of
October , 19 73 .
DENE M. DAOUST, CITY CLERK
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By ~d'-ntZ--.. h'7" ~ a..~ Depu%f
CITY CLERK OF THE CITY OF ANAHEI
(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-482 duly passed and adopted by the Anaheim City Council on
October 16, 1973.
DENE M. DAOUST, CITY CLERK
By ~? A.- 'f-n. S'c-'t"vurz-/
Deputy City Clerk
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