1976-021RESOLUTION NO. 76R-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTILI-
TIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW-
ING PUBLIC IMPROVEMENT, TO WIT:
TIRE B O""Ei. - RST STREET
T 'W'^ C't`Sy, '", � it.�? Vic:•>.BALI
ROAD TO AVy NU^IiiaiE CITY OF ANAHEIM),
,�u1
ORORDER *0. a
41—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 thg 18th an4 25th 4ays of
, 19 75 , a notice inviting sealed
proposals for furnis ing 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 Brookhurst Street street Lmy�ryrovement, Ball Roa. to
patella Avenue, in tape City of- Ana iei mi, consisting of
heater or cold planing existing A.C. pavement, applica-
tion of slurry seal, construction of A.C. pavement over-
lay, aW1justment of m.anlnioie overs a.nCl r a.:er value Doxes
to grade and appurtenant a,ork as shown on twee plans and
delineated in the specifications on file in t.'ae Office
of time City Engineer, Wor 3 Order No. "7111-B.
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works DeDartment 01
and the notice inviting sealea proposa s, 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
day of October , 19 75 , and which said notice did
state and declare that, pursuant to the provisions of Section
1770 of the Labor Code, the City Coundil of the City of Anaheim
had ascertained 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
-1-
WHEREAS, on October 2 , 19the hour
of 2:00 o'clock P.M., the'City Clerj�_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, servi-
ces, materials and equipment, and all utilities and transporta-
tion, 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 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 7j -h day
of October -7- 10 1-9-75 , at the hour of _1, , o'clock -
_616ck P.M.,
conii-166_r thes_eil_ed proposals submitted forr-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 RAJ. _NOBLE COMPANY.
Post Office Box 620,
fFOranCalifor-n-�ia
--:-------_
oconstruction, i tiQn anCcomTaletioiorsa[d
Brookhurst Street street improvement, Ball Roa tella.
KveTiue, in the Cit of - _�Anih_, Order -o 741-
ereinak caveTelnflo' ed and
es&r_i_b6d_ was the lowest zes'ponsibl.e proposal submitted there-
for, and thereupon accepted said bid and did award 4 contract
to said contractor for furnishing all plant, labor,.setvices,
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 man-
ner, 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 said contractor,
which said contract was duly made and entered into on the -Iltb
day of , October— , 19-7,5--; and
WHEREAS, the said contractor has furnished all plant,
labor, services, materials and equipment and all utilities and
transportation, and performed all work necessary for the Qon-
struction 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 , andthecontract made and
entered into w1it -s-a-M—contractor by the City of Anaheim; and
WHEREAS, the Director of Public Works
has duly certified to too construction and completion o said
public improvement hereinabove mentioned and described, in
accordance with the plans and specifications and the contract
documents duly made and entered into rith said contractor; and
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 con-
tract 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 per-
formance 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 provi-
sions of the contract documents, and -that the balance due said
contractor for said work be paid to said contractor thir-lil--y-five
(35) days from and after final acceptance of said work as
dence by the adoption of this resolution, but not sooner than
thirty (30) days after the date of the filing of notice of com-
pletion, 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 accordance with said final estimate shall
operate and shall be a release to the City of Anaheim, its offi-
cers, 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 employees, excepting only claims
against the City for amounts withheld by the City at the time
of such payment.
AND BE IT FURTHER RESOLVED that 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 saii
work as required by law.
THE FOREGOING RESOLUTION is approved and signed
this 13th day of January , 19 -7,f A
ATTEST:
CITY CLERK CFTHE9dTY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 76R-21 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 13th day of January, 1976,
by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas
and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 76R-21 on the 13th day of
January, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 13th day of January, 1976.
CITY CLERK OF THE CIT OF ANAHEIM
(SEAL)
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
76R-21 duly passed and adopted by the Anaheim City Council on
January 13, 1976.
City Clerk