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1973-547 RESOLUTION NO. 73R-547 ,....-.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHElf.1 FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, ~~TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND \oJATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:" THE LA PALMA AVENUE STREET IMPROVEMENT, FROM EUCLID STREET TO BROOKHURST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 690-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 the 12th aqd the ]9~h n~y~ or July , 19~, a not1ce invit1ng sealed proposals for furnishing the fOIIOWing: 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 Euclid Street to Brookhurst Street, in the City of Anaheim, consisting of heater-planing pavement adjacent to existing concrete and join lines, pre-treatment of existing bituminous surface including application of rejuvenating agent, Type B asphalt concrete, adjust- ment of manhole and" water valve boxes to grade, in- stall traffic loops and sensors; and appurtenant work as more particularly shown on the plans and delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 690-B. .......... in accordance with the designs, f'lans, profiles and specifica-- tions prepared by the Public Works D~pa1i~pnr 'd t' ' and the notice inviting sealed proposals, w 1ch sa1 no 7ce specified that sealed proposals as specified in said not1ce would be received up until 2:00 o'clock ~.M. o~ the. 26th day of J 1 19 73, and which sa1d not1ce d1d state and decla~eYthat ~ursuant to the provisions of Secti~n 1770 of the Labor Code the City Council of the City of Anahe1m had ascer- tained the' prevailing rate of wages for each type of l~b~r n~ede~ to execute said contract, and did state that the preva1l1ng ,our y wage scale so ascertained was on file in the Office of the C1ty Clerk; and -1- ."'............, WHEREAS, on July 26 , ),973 , ,it t.he hour of _ "2:00_ o'clock P.M.., the Clty Clerk and t,he CH.y EngIneer of the CIty of Anaheim d~d open sa~d sealed proposals rece..ved Jp to that tIme for t~he furnishing of all plant, labor, serVI ces. materials and equIpment, 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 strIct accordance w.1th the speclflcations, plans and drawings therefor on f~le ln the Office of the Ci ty Clerk of the Cl t"y of Anahe~m, the pubL1c .improvement herel"nabove more particular' "y described and set forth, in public, l.n the City CouncIl Chamber in the City Hall, Anaheim, California, and the City Englneer d'i:d tabulat.e the result of said sealed proposals and dj. d make a report to the CIty Council at its next --------- regular rneet1.ng; and WHEREAS, the Cl,ty Council of the City of Anaheim did, at lts next ---------- regular rneet~ng, held on the 31st day of July , 19..:!.l.-, at the hour of 1:30 0 cl.ock 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, Oranqe( California 92666 for the construct~on, installation and completion of said La Palma Ave. st. imprvt. from Euclid St. to Brookhurst St.. in the city of Anaheim, Work Order No. 690-B hereinabove mentloned and descrlbed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. NOBLE C~MP~Y or urnishlng all plant, labor, servlces, 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 not1.ce inviting sealed proposals, and did author~ze 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 sa1.d day of contract was duly made and entered ~nto on the Auqust , 19I1--; and 6th R. J. NOBLE tOMPANY has furnished al plant, labor, serv~ces, mater~als 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 str~ct 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 Works Departrnenj , and the contract made and entere ~nto w~th it by the City of Anaheim; and WHEREAS, the said ,- WHEREAS, the Director of PMb1ic ~or~~ has duly certified to the construct~on an comp et~on of.sa~d public improvement hereinabove mentioned and descr~bed, ~n accord- ance with the plans and specifications and the contract documents duly made and entered into with said R, J. NOBLE COMPANY ; 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 contr&cl and the contract documents, and that notlce 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 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 specificatlons, 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 tmat the Hayor and the Clty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as l:equlred by law. THE FOREGOING RESOLUTION is approved and signed by me thlS 13th day of November , 19 73 . ATTEST: r) ~ ~~F THE CITY OF ANAHEIM -- -3- - - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) ~ I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-547 was passed and adopted at a regular meeting of the City Council held on the 13th day of November , 19 73 , by the following vote of the members thereof: - AYES: COUNCILMEN: Stephenson, Sneegas, 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 13th day of November , 19 ~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of November · 19 73 · ~ '>>r ~ CIT 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-547 duly passed and adopted by the Anaheim City Council on November 13, 1973. 1L- M j)~ City Clerk .~..