Loading...
72R-032 RESOLUTION NO. 72R- 32 ......-... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION Al~D THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE LA PALMA AVENUE STREET IMPROVEMENT FROM APPROXIMATELY 114 FEET EAST OF TO APPROXIMATELY 2,965 FEET EAST OF IMPERIAL HIGHWAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 603-B. 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 August 26 and September 2 , 19 71 , a not1ce 1nviting 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: The La Palma Avenue street improvement from approximately 114 feet east of to approximately 2,965 feet east of Imperial Highway, in the City of Anaheim, consisting of construction of asphalt concrete pavements over aggregate basei adjustment of manholes to grade; installation of survey monumentsr and appurtenant work as more particu- larlv set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 603-B. ,......, in accordance with the desiqns, plans, profiles and specifica- tions prepared by the Department of Public Works , and the notice invitinq sealed proposals, which said notice specified that sealed proposals as specified in said notice wogld be received up until 2:00 o'clock P.M. of the 10th day of Septe~er , 19 71 , and which said notice did state and ..,~ WHEREAS, on Seftember 10 , 1971 , at the hour of 2:00 o'clock P.M., the City Clerk and the C[ty 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 perfo~in9 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 14~ day of Sept.ember _, 19 71_, at the hour of 1:30 o'clock P.M., cons1der the sealed proposals submitted 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___~ J. Noble Company, P.O. Box 620~Oranger California 92666 for the cons~ruct1on; 1nstarra~ron ana cample~ion of saro--------- La Palma Avenue St.reet ~proveme~ WQrk Qr~-BO. 60~-~------ here1nabove men~ioned ana-described, was tne lowest responsible proposal submitted therefor, and thereupon accep~ed said bid and did award a contract to said R.. ..I. ~OblLCODlp~DY.. __ _ Eor urn1sh1nq-arr:Plan~, laDor, services, materials and equipment and all utilities and transpor- tation, including power, fuel and wa~er, and perfo~ing 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 contracr-Wis duly made and entered into on the 16th day of September , 19.!!....: and WHEREAS, the said R. J. Noble Com~any _ has furnished all plant, labor, services, materials an~uipment and all utilities and trans- portation, and perfo~ed 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 ~he D~partment of Publlc IOf~ , and tlie contract made and entere 1n 0 with it..... by ~he City of Anaheim; and WHEREAS, the Direct.or of Public Works has duly certified to the construcrton ana complet1on of said nnhl;t"'! ";mnrnvAmani:: hereinabove mentioned and described, in accord- ....."t... 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, and the perfo~ance 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 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 (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 ~nd 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 ~bat 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 25th day of Januarv , 19~. ATTEST: ~~ T~IT~IM .I ~ /x. [)~ CIT CLERK OF THE CITY OF ANAHEIM '............ STATE OP CALIFO~~IA ) COUNTY OF ORANGE ) ss. CITY OP ANAHE IM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, .4IIt_.. do hereby certify that the foregoing Resolution No. 72R-32 was passed and adopted at a regular meeting of the City Council held on the 25th day of Januarv, 19 72, by the followinq vote of the members thereof: --- AYES: COUNCILMEN: Roth, 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 on the 25th day of January , 19....:!.l:-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of Ja.nuary , 19...:!1--- · ~, ~ 12~~ CIT CLE OP THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing 1s the original of Resolution No. 72R-32 duly passed and adopted by the Anaheim City Council on January 25, 1972. M~ );r [)~ City Clerk -.~