1974-071RESOLUTION NO. 74R -71
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 WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE LA JOLLA STREET AND RED GUM STREET
STREET IMPROVEMENT, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 682 -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 30th day of August and the
6th -.day of September 19 73 a notice inviting sealed
proposa 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 Jolla Street and Red Gum Street street improve-
ment: La Jolla Street from approximately 659 feet west
of Kraemer Boulevard to approximately 1319 feet east of
Melrose Street, and Red Gum Street from La Jolla Street
to approximately 660 feet south thereof, in the City of
Anaheim, consisting of excavation; construction of
P.C.C. curb and gutter, curb, cross gutter, and drive-
way approaches; construction of asphalt concrete over
aggregate base and variable thickness asphalt concrete;
installation of redwood header; adjustment of manholes
and water valve boxes to grade; and all appurtenant work
as more particularly set forth in the plans and specifi-
cations on file in the Office of the City Clerk or City
Engineer, Work Order No. 682 -A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Departu\ent
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2 o'clock P.M. of the 11th day of
SeptemhPr 1971 and which said notice did state and
declare t purs 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 wages for each type of labor needed
to execute said contract, and did state that the prevailing hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on September 13 1973 at the hour
of 2:00 o'clock P.M., the City Clerk and the City Engineer
of the City of Anaheim did open said sealed proposals received
up to that time for the furnishing of all plant, labor, servi-
ces, materials and equipment, and all utilities and transporta-
tion, 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 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
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 18th day
of September 1973 at the hour of1 o'clock 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. a. NOBLE COMPANY,
15505 Lincoln Ayenue4_ Oran ormia
for the construction, installation completion of said j,a Jolla
Street and Red Gum Street str,aet i.mnmv_ement, the City of Anaheim,
Work Order No. 682 -A.
hereinabove mentioned and
described, was the lowest responsible proposal submitted there-
for, and thereupon accepted said bid and did award a contract
to said contractor for furnishing all plant, labor, services,
materials and equipment and all utilities and transportation,
including power, fuel and water, and performing all work neces-
sary to construct and complete, in a good and workmanlike man-
ner, 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 said contractor,
which said contract was duly made and entered into on the 24th
day of September 1973 and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and performed all work necessary for the con-
struction 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 with said contractor by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the construction and completion of said
public improvement hereinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into with said contractor; and
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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 con-
tract 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 per-
formance 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 provi-
sions of the contract documents, and that the balance due said
contractor for said work be paid to said contractor thirty -five
(35) days from and after final acceptance of said work as evi-
dence by the adoption of this resolution, but not sooner than
thirty (30) days after the date of the filing of notice of com-
pletion, 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 accordance with said final estimate shall
operate and shall be a release to the City of Anaheim, its offi-
cers, 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 employees, excepting only claims
against the City for amounts withheld by the City at the time
of such payment.
AND BE IT 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 FOREGOING RESOLUTION is approved and signed by me
this 19th day of February 19 74
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, ALONA M. FARRENS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 74R -71 was
passed and adopted at a regular meeting of the City Council held
on the 19th day of February 1974 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 19th day of
February 19 74
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 19th day of
February 19 74
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I,, ALONA M. FARRENS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
74R -71 duly passed and adopted by the Anaheim City Council on
February 19, 1974.
Jl 1,, k 7 tom
City Clerk