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1973-484 RESOLUTION NO. 73R-484 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 WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:' THE SYCAMORE STREET STREET IMPROVEMENT, FROM APPROXIMATELY 437.29 FEET EAST OF TO APPROXI- MATELY 163.80 FEET EAST OF OLIVE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 689-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 12th and 19th days of July , 1973 , 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 Sycamore Street street improvement, from approxi- mately 437.29 feet east of to approximately 163.80 feet east of Olive Street, in the City of Anaheim, consisting of clearing and grubbing, excavation, con- struction of P.C.C. curb and gutter, Type C curb, cross gutter, sidewalk, drive approach, flagstone sidewalk and Type B asphalt concrete; 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. 689-A. in accordance with the designs, plans, profiles and specifica-' tions prepared by the Public Works np-p~Tr~pt and the notice inviting sealed proposals, wh1ch said not~ce specified that sealed proposals as specified in said not1ce would be received up until 2:00 o'clock ~.M. of the. 26th day of July 1973, and which sa1d notice d1d state and declare that ~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 stat~ that the.preva1l1ng ,our Y wage scale so "ascertained was on file 1n the Off1ce of the C1ty Clerk; and -1- ~~, ~HEREAS, on __ July 26 , 19 73 , ,it the hour of 2: 00 0 clock P. M.., the Cl ty Clerk and t.he Cl ty Engl.neer of the Cl ty of Anabei m dl.d open saId sealed proposals rece 1. ved Jp to that tIme for t.he furnishing of all plant , labor, serVl ces. materIals and equIpment, and all utIlI ties and transportatlO1"" including power, fuel and water, and performing all work neces.- sary to construct and complete, "1n a good and workmanlike manner. In strict accordance wIth the spec1flcations, plans and drawings therefor on fIle ~n the OffIce of the City Clerk of the Cltv of AnaheIm, the public 1mprovement herei.nabove more particuV:u'::y described and set fOIth, in public, in the C:tty CouncIl Chamber in the City Hall, Anaheim, CaLifornia, and the City EngIneer d-:.d tabulat.e the result of said sealed proposals and d1d make a report to the City Council at its next - - - - - - regular meetIng; and WHEREAS, the C.lty CouncIl of the City of Anaheim did, at its next - - - - - - - - regular meetIng, held on the 31st day of -3uly , 1973 ,at the hour of 1:30 o~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 determIne that the sealed prQposal submitted by R. J. NOBLE COMPANY, P. O. Box ~O, Orange, Cali~rn1a 92666 for the construction, Installation and completion of said -E camore St. Street I rovement 0 80 _ft. E. of Olive St. Anaheim W. O. No. 689 A and described, was the lowest responsible therefor, and thereupon accepted said bid to said R. J. NOBLE COMPANY for furnishIng 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, pl.ans 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 sdl.d contract was duly made and entered Into on the 3rd day of August ,19~; and WHEREAS, the said R. J. NOBLE COMPANY has furnished all 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 Works Department , and the contract made and entered Into WIth by the City of Anaheim; and ~-. WHEREAS, the Director of punlic wor~ has duly certified to the construction and 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. 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 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, materiais 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 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 opera.te 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 a.nd em- ployees, excepting only claims against the City for amounts V'1 tn," held by the City at the time of such payment. AND BE IT FURTHER RESOLVED bilat the Hayor and the CJ.ty 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 thlS 16th day of October , 1911-- ATTEST: DENE M. DAOUST, CITY CLERK By W~-Y! <vfn" ~'a- j/U...yvZ-/ Deputy CITY CLERK OF 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-484 was passed and adopted at a regular meeting of the City Council held on the 16th day of October , 19 73 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Stephenson, Sneegas, Peb ley, 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 16th day of October , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of October , 19 73 DENE M. DAOUST, CITY CLERK By Uf1CJL--r1.-a/ '>>1 ~ ~u ?f-~ Deputy 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-484 duly passed and adopted by the Anaheim City Council on October 16, 1973 DENE M. DAOUST, CITY CLERK /ld ,,-- //' / By c..-{.~ .<v. rn" ~ a~ UC-rvV" Deputy City Clerk -,