Loading...
1973-020 ,,"-' RESOLtrl'ION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING tHE COMPLETION AND THE FURNISHING OF ALL PLET, LABOR, SERVICES, MATERIALS AND EQUIP NT AND ALL UTILITIES AND TRANSPORTATION NCLUDING POWER, FUEL AND \iATER, AND THE PERFO CE OF ALL WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE RIO VISTA STREET - STREET. IMPROVEMENT FROM APPROXIMATELY 418 FEET NORTH iF TO APPROXI- MATELY 136 FEET NORTH OF DUTC AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER N . 66l-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 Septe~er 2l and September 28 , 19 72 , a l10tice 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 tbe City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Rio Vista Street - Street improvement from approxi- mately 418 feet north of to approxi.ately 136 feet north of Dutch Avenue, in the City of Anaijeim, consisting of clearing and grubbing; excavation; construction of asphalt concrete over aggregate base or asphalt concrete over native soil1 relocation of guard rail and signs; 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. 66l-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the De,Eartment OfPublfy ~ork~ . ' and the notice inviting sealed proposalis, w. 1C sa1d not1ce specified that sealed proposals as spec!ified in said notice would be received up until 2 :1l0 0' clock P.M. of the 5th day of October , 19 72-;"-~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 w~ges for each type of l~b?r needed to execute said contract, and d1d state that the preva1l1ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- .. ~ WHEREAS, on ~cto~er 5, 19 72 " at the hour of _2: OQ 0' clock P. M., t e Cl. ty Clerk ~nd the City Engineer of the Cl.ty of Anaheim did open said sealjed proposals received up to that time for the furnishing of all plant" labor, services, materials and equipment, and all utiliities and transportation, including power, fuel and water, and pjerforming 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 10th day of October , 19 72 , at the hour of l: 30 0 ~ clock P.M., consider the sealed proposals su~mitted 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, Calif. 92666 ?or the construction, l.nstallation andl completion of said Rio Vista Street improvement, North ~f Dutch Avenue, in the Cit of aheim Work Order No. 66l- hereinabove mentioned an escrl. ed, was t e owest responsl. e proposal submitted therefor, and thereupon accepted said bid and did award a contract 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, 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 R. J. Noble ~~any. w l.C sal.d contract was duly made and entered into on the l3th day of October , 19~; and R. J. ~ble com~any has fuiPished a 1 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 Department of Public Works , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the said ,.- WHEREAS, the Director of Public Works has duly certified to the construction' and completion of said public improvement hereinabove mentionjed 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 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 RESOL~D by the City Council of the City of Anaheim that all plant, l~or, services, materials and equipment and all utilities and t~ansportation, and the performance of all work necessary to donstruct, 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 (3Q) 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 accor.d- 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 with- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED bbat 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 said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 16th day of Januarv , 19-1l-. ATTEST: ~E~/~ ~~~ C TY Crzl:foF THE Cl : OF ANAHEIM ..-.. -3- - STATE OF CALIFOm~IA ) COUNTY OF ORANGE ) s s . CITY OF &~AHEIM ) I, DENE M. DAOUST, City Clerk: of the City of Anaheim, do hereby certify that the foregoing Re~olution No. 73R-20 was passed and adopted at a regular meetingi of the City Council held on the 16th day of January , i19 73 , by the following vote of the members tnereor:------ - .-,. \ AYES: COUNC ILMEN: Sneegas, ~eb1ey, Thorn and Dut ton NOES- COUNCIU4EN: None ABSENT; COUNClIklEN: StephensoIli AND I FURTHER CERTIFY that th~ Mayor of the City of Anaheim approved and signed said resolution on the 16th day of January______.____, 19~_ IN WITNESS WHEREOF, I have he~eunto set my hand and affixed the seal of the City of Anaheim this 16th day of Jannary , 1973 lL.-~>>~ CITY CLE 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 ~eso1ution No. 73R-20 duly passed and adopted by the Anaheim City Council on January 16, 1973. J2__ 1f [)~ , City Clerk - -=- ..l