70R-208
RESOLUTION NO.
70R- 208
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAH$IM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR,
SERVICE$, MATERIALS AND EQUIPMENT AND ALL
UTILITI$S AND TRANSPORTATION INCLUDING POWER,
FUEL AN~ WATER, AND THE PERFORMANCE OF ALL
WORK NE~ESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWI~G PUBLIC IMPROVEMENT, TO WIT: THE
IMPROVEijENT OF TUSTIN AVENUE FROM MIRALOMA
AVENUE '10 LA PALMA AVENUE, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 45l-A.
WHEREAS, the City Council of the City of Anaheim did
cause to be publis~ed in a newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on M~ 29th and June 5th
, 19 69 , a notice inviting sealed
proposals for furnishing the following:
The improvement of Tustin Avenue, from Miraloma
Avenue to La Palma Avenue, consisting of exca-
vation, fill, clearing and grubbing; construction
of P.C.C. curb and gutter, curbs, cross gutters
and spandrelsf installation of C.M.P.; construc-
tion of asphalt concrete pavement over prime coat
over aggregate base; removal of irrigation line;
relocation of fences; installation of survey
monuments; in$tallation of traffic signals; adjust-
ment of manholes and 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, Work
Order No. 45l-A.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Department of Public Works ,
and the notice invitfng 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 12th day of
June , 19 69 , and 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 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 June 12 , 19 69 , at the hour of
2:00 o'clock P.M., the City Clerk and the-CIty Engineer of
the Cfty of Anaheim did open said sealed proposals received up
to that time for the furnishing of all plant, labor, services,
materials and equip~ent, 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 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 Anahet'W did,
at its next ---.---- regular meeting, held on the Ith
day of J~-----;-r9 69, at the hour of 1: 30 0' crock
P.M., consider the sealed proposals submitted for furnishing the
materials and perfo~ing 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~ Orange~ California 9266g-
ror-the constructfon, instaITatfona:iia compIetfon of sarci
inprovement of TUf-tin AvenueL. from Miraloma Ave~ue to La7alma
Avenue, Work OrdeLNo:-45"r=K hereinabove mentioned
ana-described, wastne Iowest responSIbre proposal submitted
therefor, and thereu~on accepted said bid and did award a contract
to said R. J. Noble Company
--------------------tor furnfshing-aIl plant, labor,
servfces, materrals ana-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. N~ble Co~anI
which said
contract was duly made and entered into on the --rgth day of
June , 19 ~9_; and
WHEREAS, the said RL J. Koble Co~an!
has furnished all plant, labor,
servICes, materraIi ana-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 De~artment of Public Works
, and the contract~made and entered Into
wfth _ it __ by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to the-constructfOn and completIon of sarci
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 CO~-l______
; and
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WHEREAS, the City Council finds that said contractor
has completed said ~ublic improvement hereinabove more particu-
larly described in accordance with the provisions of the contract
and the contract do~uments, and that notice of completion should
be filed and payment of the balance due said contractor authorized
in accordance with the contract documents.
NOW, THE~FORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, services, materials
and equ~pment 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 sai~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 contrttctor 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.
THE FOREGOING RESOLUTION is approved and signed by me
this _~lSE day of __ April_____, 19 70 .
.. ~11~
OF THE CIT OF ANA~IM ~
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
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I, DENE M. WILLIAMs, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 70R-208 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 21st day of April, 1970,
by the following vote of the members thereof:
AYES: COUNCILMEN: Clark, Stephenson, 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 No. 70R-208 on the 21st day of
April, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 21st day of April, 1970.
~ :w. ~_.~
C TY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
70R-208 duly passed and adopted by the Anaheim City Council on
April 21, 1970.
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City Clerk ~