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71R-458 RESOLUTION NO. 7lR- 458 ...-..-,. 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 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 MAGNOLIA AVENUE STREET IMPROVEMENT FROM SANTA ANA FREEWAY TO LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 5056. 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 Anahe~, to wit: The Anaheim Bulletin, on June lOth and June 17th , 19 71 , a not1ce inv1t1nq 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 Magnolia Avenue Street improvement from Santa Ana Free- way to La Palma Avenue, in the City of Anaheim, consisting of clearing and grubbing; construction of p.e.c. curb and gutter, cross gutter and spandrel, drive approaches and sidewalk; construction of asphalt concrete pavement over aggregate base, variable thickness asphalt concrete and asphalt concrete berm; relocation of signs, fencing, sprinklers and traffic signals; adjustment to grade of gas and water valve boxes, survey monuments and curb face drain; installation of magnetometer sensor units; construction of concrete irrigation line and standpipes; modification of drainage structure; 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. 5056. in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works 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 24th day of June , 19 71 , 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 , -l- --,~.._. WHEREAS, on June 24 , 19 71 , 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 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 29th day of June , 19 71 , at the hour of 1:30 o'croc~ P.M., consider 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 R. J. NOBLE COMPANY, P.O. Box 620, Oran~e, CaliforDra 92666 for the construct1on, 1nstalration and completion oC-sa1a--------- Magnolia Avenue from San'ta Ana Preeway 'to L~~!~ Avenue:-- Work Order No. 5056 here1nabove mentioned ana-described, was the 10west~sponsrbIe proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. Noble compan1 or furnfshing air plant, labor, services, materials and eijUrpment and all utilities and transpor- tation, including power, fuel and water, 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 Q~. U^h'.~V. wnicb --sa1d COntract was duly made and entered into on the-:-:1st day of July ___' 19 -'Zl-i and R. J L NPq~ ~~JP\Y has furn1she a 1 plant, labor, services, materials ana-equipment 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 the DApAr~mAft~ n~ ~nhl;~ ~~p~a , and the contract ma e an entere 1nto with it. by ~he City of Anaheim; and WHEREAS, the said WHEREAS, the Direc'tQJ' of P~;Lic ~Tlig has duly certified to the constructIon an comp et10n of sa1d 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. HQPle CQRpAfta ...._---J an -2- ................."Ao.... ~ . . '............. 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 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 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 liabili ties due the contractor fo.r anythin9 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 -t"hat the !.1ayor 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 12th day of October (=~ 19..2L. A~ /7M:-,-- this ATTEST: fhr hrj)~ CIT CLERK OF THE CITY OF ANAHEIM .......... -3- --.,........... ... -- ..... STA'l'B OP CALIPORNIA ) COUH'l'Y Olr ORANGE ) SS . CITY OP AHABBIM ) .-.-..."' I. DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foreqoinq Resolution No. 71R-458 was passed and adopt:ed at: a ------- re9Ular Dleet.in9' of 'the Cit.y Council held on the 12th day of October , 19 71, by the followinQ vote of 'the members aiireof: - . AYES: COURClIdlBN: Roth, Pebley, Thom and Stephenson NOES: ABSENT: COUNCILMEN: None OOUHCI~: Dutton Pro-Tem AND I FURTHER CERTIFY that the Mayor/ of the City of Anaheim approved and siCJned said resolution on the ~ day of October , 19..1.L. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of. the City of Anahei.m this 12th day of October , 19...1!... () .H.j)~ ~RK OP 'fIlE CITY OP ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-458 duly passed and adopted by the Anaheim City Council on October 12, 1971. ~ M. iJ~d- City Clerk ........... '"'- ..............."