1973-020
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RESOLtrl'ION NO. ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING tHE COMPLETION
AND THE FURNISHING OF ALL PLET, LABOR,
SERVICES, MATERIALS AND EQUIP NT AND ALL
UTILITIES AND TRANSPORTATION NCLUDING POWER,
FUEL AND \iATER, AND THE PERFO CE OF ALL
WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE RIO VISTA STREET - STREET. IMPROVEMENT FROM
APPROXIMATELY 418 FEET NORTH iF TO APPROXI-
MATELY 136 FEET NORTH OF DUTC AVENUE, IN THE
CITY OF ANAHEIM, WORK ORDER N . 66l-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 Septe~er 2l and
September 28 , 19 72 , a l10tice 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 tbe City Engineer or
City Clerk of the City of Anaheim, the following public
improvement, to wit:
The Rio Vista Street - Street improvement from approxi-
mately 418 feet north of to approxi.ately 136 feet north
of Dutch Avenue, in the City of Anaijeim, consisting of
clearing and grubbing; excavation; construction of asphalt
concrete over aggregate base or asphalt concrete over
native soil1 relocation of guard rail and signs; and
appurtenant work as more particularly set forth in the
plans and specifications on file in.the office of the City
Clerk or City Engineer, Work Order No. 66l-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the De,Eartment OfPublfy ~ork~ . '
and the notice inviting sealed proposalis, w. 1C sa1d not1ce
specified that sealed proposals as spec!ified in said notice would
be received up until 2 :1l0 0' clock P.M. of the 5th day of
October , 19 72-;"-~which said notice did state and
declare that, pursuant 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 w~ges for each type of l~b?r needed
to execute said contract, and d1d state that the preva1l1ng hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on ~cto~er 5, 19 72 " at the hour of
_2: OQ 0' clock P. M., t e Cl. ty Clerk ~nd the City Engineer of
the Cl.ty of Anaheim did open said sealjed proposals received up
to that time for the furnishing of all plant" labor, services,
materials and equipment, and all utiliities and transportation,
including power, fuel and water, and pjerforming 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
WHEREAS, the City Council of. the City of Anaheim did,
at its next -- ,- - - - -- regular meeting, held on the 10th
day of October , 19 72 , at the hour of l: 30 0 ~ clock
P.M., consider the sealed proposals su~mitted 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, Calif. 92666
?or the construction, l.nstallation andl completion of said
Rio Vista Street improvement, North ~f Dutch Avenue, in the
Cit of aheim Work Order No. 66l- hereinabove mentioned
an escrl. ed, was t e owest responsl. e proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said R. J. Noble COMPany
for furnishing all plant, labor,
services, 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 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 ~~any.
w l.C sal.d
contract was duly made and entered into on the l3th day of
October , 19~; and
R. J. ~ble com~any
has fuiPished a 1 plant, labor,
services, materials 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 Department of Public Works
, and the contract made and entered into
with it 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 completion of said
public improvement hereinabove mentionjed 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 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 RESOL~D by the City Council of
the City of Anaheim that all plant, l~or, services, materials
and equipment and all utilities and t~ansportation, and the
performance of all work necessary to donstruct, 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 (3Q) 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 accor.d-
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 IT FURTHER RESOLVED bbat 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 16th day of Januarv , 19-1l-.
ATTEST:
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C TY Crzl:foF THE Cl : OF
ANAHEIM
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STATE OF CALIFOm~IA )
COUNTY OF ORANGE ) s s .
CITY OF &~AHEIM )
I, DENE M. DAOUST, City Clerk: of the City of Anaheim,
do hereby certify that the foregoing Re~olution No. 73R-20 was
passed and adopted at a regular meetingi of the City Council held
on the 16th day of January , i19 73 , by the following
vote of the members tnereor:------ -
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AYES: COUNC ILMEN: Sneegas, ~eb1ey, Thorn and Dut ton
NOES- COUNCIU4EN: None
ABSENT; COUNClIklEN: StephensoIli
AND I FURTHER CERTIFY that th~ Mayor of the City of
Anaheim approved and signed said resolution on the 16th day of
January______.____, 19~_
IN WITNESS WHEREOF, I have he~eunto set my hand and
affixed the seal of the City of Anaheim this 16th day of
Jannary , 1973
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CITY CLE 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 ~eso1ution No. 73R-20 duly
passed and adopted by the Anaheim City Council on January 16, 1973.
J2__ 1f [)~
, City Clerk
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