1967-418
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RESOLUTION NO. 67R- 418
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 EQUIPt-1ENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND THE PERFO~CE OF ALL
WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE IMPROVEMENT OF PORTIONS OF WAGNER AVENUE
AND STATE COLLEGE BOULEVARD, IN THE CITY OF
ANAHEIM, SS PROJECT NO. 493B.
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 27th dar of January and
the 2nd dal of February , 1967 , a not1ce inviting sealed
proposals or 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 improvement of Wagner
Avenue from State College Boulevard to approximately 1322 feet
east thereof, and the improvement of State College Boulevard from
approximately 664 feet north of Wagner Avenue to approximately
658 feet south thereof, in the City of Anaheim, consisting of ex-
cavation and grading, including haulaway, disposal and compacted
embankment; construction of asphaltic concrete pavement over ag-
gregate base, asphaltic concrete sidewalk and berm, PCC curb and
gutter, drive approach, cross gutter and spandrel; removal of con-
crete and miscellaneous highway and private facilities; construc-
tion of redwood retaining wall; installation of l4-inch A.C. pipe
and standard survey monument; adjustment of water valves to grade,
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, SS Project No. 493B.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works De~artment
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 9th day of
Februar~ ' 1967 , and which said notice did state and
declare t at, 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 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 February 9th , 19 67 , 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, 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 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 dia
tabulate the result of said sealed proposals and did make a
report to the City Council at its next regular
meeting; and
~iHEREAS. the City Council of the City of Anaheim did,
at its next regular meeting, held on the 14th
day of February , 19.....QL, at the hc:>ur of 1;30 <?'c~ock
P.M., consider the sealed proposals subm~tted for furn~sh~ng 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 CO~WANY,
20 Oran e California
for the construct~on, installat~on and complet~on of sa~
. ns of~a ne Avenue nd of State Colle e Blvd.,
-Anahejrn, ~s Project No. 493B, . here~na ove m7nt~one
an~escri ed, was the lowest respons~ble proposal subm~tted
therefor, and thereupon accepted said bid and did award a contract
to said R. J. NOBLE COv~M~Y
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 COMPANY
which said
contract was duly made and entered into on the 16th day of
Februarv , 19~; 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 RESOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, amd 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 with-
held 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.
this
THE FOREGOING RESOLUTION is approved and signed by me
25th day of July , 19 67 .
ATTEST:
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CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFOINIA )
00tIITY OF awGE ) s s.
CIlY OF AKAHEDI )
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I, DEllE M. WIllIAMS. City Clerk of: the City of Anebeill,
do hereby certify ta.t the foreping Re&olut~on No. 67R-4l8 was
introduced and adopted at . regular ..eting ~rovided by la., of the
Ct ty Council of the City of Anabeia, held on i tbe 25th day of July,
1967, by the following vote of the aeabers tl1ereofl
AYES I COUIClIJENI Dutton, Krei., Chandler, and Pebley
IOESI CC>u.::ILlEJh None
AISBITI CQJlI;IIJlElh Scbwtte
AID I FURTHER CERTIFY that the Jlay.r of the City of Anah.la
..,roved aM silned sald Resolution No. 67R-.h8 on the 25th day of
.lilly, 1967.
III WIDlESS _EOF, I bave hereunt, set ay baRd and
affixed the official s..l of tbe City of Ana'eia this 25th day of
.Atly, 1967.
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( SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolution
No. 67R-4l8 duly passed and adopted by the Anaheim City Council on
July 25, 1967.
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~ 81, W--d&~~
City Clerk
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