1976-4180
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RESOLUTION NO. 76R-418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTILI-
TIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, A14D THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
JUAREZ PARK PARKING LOT IMPROVEMENT, IN THE
CITY OF ANAHEIM, WORK ORDER NO. 868.
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 22nd and 29th days of
April , 19 76 , 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:
Juarez Park parking lot improvement, in the City of
Anaheim, consisting of excavation and backfill; installa-
tion of asphalt concrete over aggregate base; demolition
of existing driveway access and parking lot entrance to
Sunkist Street; construction of P.C.C. swale, curbing,
curb, gutter and sidewalk, driveway, wheelchair ramp and
drainage structure; installation of electrical and PVC
conduit, and all other appurtenant work as shown on the
plans and delineated in the specifications on file with
the City Engineer, Work Order No. 868,
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works DgpartmPnt � r
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice
would be received up until.. .2: 00 o'clock P.M. of the 6th
day of May , 1976, and which said notice -7
state and declare that, pursuant to the provisions of Section
1770 of the Labor Code, the City Coundil of the City of Anaheim
had ascertained 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 may 6 , 19 76 , at the hour
of 2.00 o'clock P.M., the City Clerk and ttie 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 11th day
of -May 76 , at the hour of 1:30 o'c oc P.M.,
consier the sealed proposals submitted for u rn shinq 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,
Post Office Box 620, Orange, California`
or the construction, installation and completion of said
Juarez Park parking lot -improvement, in the City of Anaheim,_,_
Work Order No. 868
hereinabove mei tt onednd
described, was the lowest responsible proposal submitted tht:�.e-
for, and thereupon accepted said bid and did award a contrac�"-
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 12th
day of May , 19 76 ; 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 an
entered into with said contractor by the City of Anaheim; and
WHEREAS, the Director gf Public
has duly certified to the construction and completion o -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 13th day of July 19,
ATTEST:
CITY.CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORA_^?GE ) ss.
CITY OF ANAHEIM )
I, ALOHA M. I?OUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing REsolution No. 76R-418 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of. the City of Anaheim held on the 13th day of July, 1976,
by the following vote of the members thereof:
AYES: COUNCIL *EMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL A11EMBERS: None
AND I FURTMR CERTIFY that the Mayor of the City of Anaheim-
approved
naheimapproved and signed said Resolution No. 76R-418 on the 13th day of
July, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 13th day of July, 1976.
CITY CLERK OF THE CITY 0 A`?AIIEIM
(SEAL)
z
I, ALOHA '_K. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original Resolution No. 76R-418
duly passed and adopted by the Anaheim City Council on July 13, 1976.
City Clerk i
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