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1973-571 RESOLUTION NO. 73R-571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND ~'lATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:' THE NOHL RANCH ROAD AND ROYAL OAK ROAD STREET IMPROVEMENT, NORTHWEST CORNER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 698-A. 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 23rd and 30th days of August , 19 73 , a notice inviting 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 Nohl Ranch Road and Royal Oak Road street improvement, northwest corner, in the City of Anaheim, consisting of construction of variable thickness asphalt concrete cap; adjustment of man- holes and water valve boxes to grade; and appur- tenant work as shown on the plans and delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 698-A. in accordance with the designs, plans, profiles and specifica-' tions prepared by the Public Works De~artm~Qr 1 d l.ch sal.'d notice and the notice inviting sea e proposa s, w . specified that sealed proposals as specified in said notl.ce would be received up until 2:00 o'clock ~.M. o~ the. 6rh day of September, 1973 , and which sal.d notl.ce dl.d state and declare that, pursuant to the provisi~ns of Secti~n 1770 of the Labor Code, the City Council of the Cl.ty of Anahel.m had ascer- tained the prevailing rate of wages for each type of l~b?r needed to execute said contract, and did state that the preval.ll.ng ~ourly wage scale so ascertained was on file in the Office of the C1ty Clerk; and -1- ,- WHEREAS, on __s..epte~er 6 , 19_73--"' ,::it the hour of _ ~: 00 _ 0' clock P. M.., the Cl ty Clerk and t,he Cl t.y EngIneer of the Cl ty of Anahei m did open sa1.d sealed proposa Is rece"J, ved Jp to that tlmefor t~he furnishing of all plant, labor, serv.1 ces . materials and equlpment, and all utlllties andtransportatlor;, including power, fuel and water, and performing all work neces,- sary to construct and complete, "In a good and workmanlike manner. In str1ct accordance with the specIfIcations, plans and drawings therefor on flle .1n the Office of the Ci ty Clerk of the en.y of Anaheim, the public l.mprovement hereInabove more particul~.['"y described and set forth, in pub li.c, !on the Cl. ty Councl.1 Chamber in the City Hall, Anaheim, Cal,ifornia, and the City EngIneer did tabulate the result of said sealed proposals and did make a report to the Ci ty Council at its next - - - - - - regu lar meetlngi and WHEREAS, the C1.ty CounCIl of the City of Anaheim did, at its next - - - - - - - - regular meetlng, held on the 11th day of september, 1973 , at the hour of 1: 30 0 clock 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 determlne that the sealed proposal submitted by R. J. NOBLE COMPANY, 15505 Lincoln Avenue, Orange, California 92666 for the construction, lnstallation and completion of said Nohl Ranch Rd. and Royal Oak Rd. street improvement, northwest corner, in the City of Anaheim, Work Order No. 698-A hereinabove mentIoned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to sald R. J. NOBLE COMPANY for furnishlng 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 notlce 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 sd1.d contract was duly made and entered Into on the 13th day of September , 19.1.L..i and R. .T. Ncrer.F. CrrPANV has furnis ed al plant, labor, serVIces, materIals and 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 Public wgrks DP-parrmplT. , and the contract ma e and entere lnto wlth it by the City of Anaheim; and WHEREAS, the said ,.- WHEREAS, the Director of Public Works has duly certified to the construction and completlon 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. NOBLE COMPANY i and -2- - WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particll'^ larly described in accordance with the prov1sions of the contracL and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor author~zed in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the C1ty 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 specificat1ons, 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 \,"1 th.. held by the city at the time of such payment. AND BE IT FURTHER RESOLVED tihat the Mayor and the C1ty Clerk of the City of Anaheim be, and they are here~y authorized to execute and file a notice of completion of said work as 1:equ1red by law. THE FOREGOING RESOLUTION is approved and signed by me thIS 27th day of November, 19.1.L. 'L ,{; (t~~ OR OF THE CITY OF ANAHEIM ATTEST: -3- - - ~." STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-57l was passed and adopted at a regular meeting of the City Council held on the 27th day of November , 1973 , by the following vote of the members thereof: --- AYES: COUNCILMEN: NOES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 27th day of November , 19..lL IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of November , 19...ll- ~ ~.j)~ CITY CLERK OF THE CITY OF 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. 73R-57l duly passed and adopted by the Anaheim City Council on November 27, 1973. JL )x_ [)~ City Clerk ~".