84R-212
RESOLUTION NO. 84R-212
A RESOLUTIfuOF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FIN LY ACCEPTING THE COMPLETION AND
THE FURNISH NG OF ALL PLANT, LABOR, SERVICES,
MATERIALS EQUIPMENT AND ALL UTILITIES AND
TRANSPORTAT ON INCLUDING POWER, FUEL AND WATER,
AND THE PERroRMANCE OF ALL WORK NECESSARY TO
CONSTRUCT ~D COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT~ TO WIT:
KELLOGG DR~E STREET IMPROVEMENT, 123' SOUTH OF
ORANGETHORP AVENUE TO LA PALMA AVENUE, IN THE
CITY OF AN ElM, ACCOUNT NO. 46-792-6325-E2930.
WHEREAS, th~ City Council of the City of Anaheim did
cause to be publishe~ in a newspaper of general circulation,
published and circul~ted in the City of Anaheim, to wit: The
Anaheim Bulletin, oni the 12th and 19th days of January, 1984, a
notice inviting seal~d proposals for furnishing the following:
All plant, labor~ services, materials and equipment, and
all utilities an~ transportation, including power, fuel
and water, and p~rforming all work necessary to construct
and complete in ~ good and workmanlike manner, in strict
accordance with the specifications, plans and drawings
therefor on filei in the Office of the City Engineer or
City Clerk of th~ City of Anaheim, the following public
improvement, to ~it:
Kellogg Drive st~eet improvement, 123' south of
Orangethorpe Avepue to La Palma Avenue, in the City of
Anaheim, consist~'ng of clearing and grubbing~ excavation~
cold planing~ he ter remixing~ rejuvenating agent~
construction of . sphal t concrete ~ construction of base
material~ adjUst~ent of manholes, and water valves to
grade~ relocatio of sign~ installation of survey
monuments and tr ffic signs; construction of curb and
gutter; construcltion of catch basin; and all appurtenant
work as shown o~ the plans and delineated in the
specifications o~ file in the office of the City
Engineer, Accounlt No. 46-792-6325-E2930,
in accordance with t~e designs, plans, profiles and specifications
prepared by the PUbliic Works Department, and the notice inviting
sealed proposals, w~ich said notice specified that sealed
proposals as specifi~d in said notice would be received up until
2:00 o'clock P.M. o~ the 2nd day of February, 1984, and which said
notice did state an~ declare that, pursuant to the provisions of
Section 1770 of the ~abor Code, the City Council of the City of
Anaheim had ascertai!ned the prevailing rate of wages for each type
of labor needed to ~xecute said contract, and did state that the
prevailing hourly w~ge scale so ascertained was on file in the
Office of the City dlerki and
<~""''''''''''--''''',~,
WHEREAS, oq the 2nd day of February, 1984, at the hour of
2:00 o'clock P.M., ~he City Clerk and the City Engineer of the
City of Anaheim did iopen said sealed proposals received up to that
time for the furnis~ing of all plant, labor, services, materials
and equipment, and ~ll utilities and transportation, including
power, fuel and wat~r, and performing all work necessary to
construct and compl~te, in a good and workmanlike manner, in
strict accordance w~th the specifications, plans and drawings
therefor on file in !the Office of the City Clerk of the City of
Anaheim, the public iimprovement hereinabove more particularly
described and set fqrth, in public, in the City Council Chamber in
the City Hall, Anah~im, California, and the City Engineer did
tabulate the result of said sealed proposals and did make a report
to the City Council at a meeting held no later than thirty (30)
days after the bids were openedi and
WHEREAS, t~e City Council of the City of Anaheim did, at
a subsequent regula~ or adjourned regular meeting, held on the
21st day of Februar~, 1984, at the hour of 10:00 o'clock A.M.,
consider the sealed !proposals submitted for furnishing the
materials and perfo~ming the work hereinabove more particularly
described and set fqrth, and did thereupon find and determine that
the sealed proposal ,submitted by R. J. NOBLE COMPANY, 15505 East
Lincoln Avenue, Pos~ Office Box 620, Orange, California 92666 for
the construction, iqstallation and completion of said Kellogg
Drive street improv~ment, 123' south of Orangethoirpe Avenue to La
Palma Avenue, in th~ City of Anaheim, Account No. 46-792-6325-
E2930 hereinabove m~ntioned and described, was the lowest respon-
sible proposal subm~tted therefor, and thereupon accepted said bid
and did award a con~ract to said contractor for furnishing all
plant, labor, serviqes, materials and equipment and all utilities
and transportation, including power, fuel and water, and perform-
ing all work necess~ry 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 Qf the City of Anaheim to execute a contract
for and on behalf o~ the City of Anaheim with said contractor,
which said contract was duly made and entered into on the 29th day
of March, 1984~ and
WHEREAS, t~e said contractor has furnished all plant,
labor, services, ma~erials and equipment and all utilities and
transportation, and tperformed all work necessary for the construc-
tion and completion,i in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings of said
public improvement qS specified in the notice inviting sealed pro-
posals and in the d~tailed designs, plans, drawings and specifica-
tions prepared by tije Public Works Department, and the contract
made and entered in~o with said contractor by the City of Anaheimi
and
-2-
WHEREAS, th~ Public Works Executive Director has duly
certified to the co~struction and completion of said public
improvement hereinabbve mentioned and described, in accordance
with the plans and siPecifications and the contract documents duly
made and entered intb with said contractor; and
WHEREAS, t~ City Council finds that said contractor has
completed said publi!c improvement hereinabove more particularly
described in accorda~ce with the provisions of the contract and
the contract documenlts, and that notice of completion should be
filed and payment of the balance due said contractor authorized in
accordance with the contract documents.
NOW, THEREF~RE, BE IT RESOLVED by the City Council of the
Ci ty of Anaheim that! all plant, labor, services, materials and
equipment and all ut~lities and transportation, and the perform-
ance of all work necrssary to construct, install and complete in a
good and workmanlike! manner, in strict accordance with the speci-
fications, plans an~ drawings therefor on file in the Office of
the City Clerk of th~ City of Anaheim, together with the appurten-
ances thereto, said public improvement hereinabove more particu-
larly described and iset forth, in the City of Anaheim, by said
contractor, be, and ~he same are hereby, accepted subject,
nevertheless, to alII the terms, conditions and provisions of the
contract documents, and that the balance due said contractor for
said work be paid td said contractor thirty-five (35) days from
and after final acce~tance of said work as evidenced by the
adoption of this resplution, but not sooner than thirty (30) days
after the date of th~ filing of notice of completion, excepting
only such sum or sum~ as may lawfully be withheld in accordance
with the provisions of said contract and contract documents. That
acceptance by the cohtractor of said payments made in accordance
with said final esti~ate shall operate and shall be a release to
the City of Anaheim, its officers, agents and employees from all
claims and liabiliti~s due the contractor for anything done or
furnished or withhel~ or for anything relating to the work or any
act or neglect of th~ 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 be, and he is
hereby, authorized to execute and file a notice of completion of
said work as requirep by law.
THE
City Council
FOREGOI~G RESOLUTION is approved and adopted by the
of the City of Anaheim this 12th day of June, 1984.
MAY&C~~-
ATTEST' ~~
CI~qOF THE ~EIM
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2607M
6/5/84 -3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Cl~k of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R-212 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of June, 1984, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Overholt
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R-212 on the 12th day of June, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of June, 1984.
~-~~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the origina~ of Resolution No. 84R-212 duly passed and
adopted by the Anaheim City Council on June 12, 1984.
~'1tS<<
CITY CLERK _____