59R-5421
~.
RESOLUTI ON NO. 5421
A RESOLUTION OF THE CITY COUNCIL or THE CITY or
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PI..ANT D LABOR, SERVICES, KA..-
TERIALS AND E~UIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INOLUDING POWER. FUEL AND WATER. AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
~H~ IMPROVEME-NT OF SOUTH STREET, FROM EAST STREET
10 :iL!I FEET WEST OF QRANGE STREET. PROJECT NO. 67.
WHEREAS, the GUy Council of the City of Anaheim d.id
cause to be published in a newspaper of general circulation,
printed" pu'blished and circulated i.n the 01 ty of Anaheim, to wit:
The Anaheim Gazette, on the 21rd and iOth d~ys of April ,
19~.9 a notice lnvl.t1ng sealed proposals for furnishing the
followingg
All plant, labor, services, materials and equipment
and all utilities and transportation, including power,
fuel and water, and performing all work necessary to
co~struct 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 or City Engineer of the City of Anaheim,
the following public improvement, to wit: The Improve-
ment of South Street, from East Street to 347 feet
west of Orange Street, by excavation, construction of
4-inch plant-mix surfacing, berm, adjusting existing
manholes to grade, construction of storm drain, and
appurtenant work as indicated on the plans, Project
No. 67,
in aocordanoe with the deslgnsv plans. profiles and speoifioa-
tions prepared by Thornton E. Piersall. City Enaineer
and the notice inviting sealed proposalSD which said notice speoi-
fied that sealed proposals as specified in said notice would be
recei ved up until 2: 00 o' olook P.K. of the ~.... 7th day of
. Mav. , 19~9 and which said notioe did state and
deolare that, pursuant to the provisions of Section 1770 of the
Labor Code. the City Council of the City of Anaheim had ascertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
scale so ascertained; and
WHEREAS. on May 7 " 19..2.2-, at the hour ot
oColock P.M.p the City Clerk and City Engineer ot the
2:00
-1-
City of Anaheim did open said sealed proposals received up to that
time for the furnishing of all plant" labor~ servioes, materials
and equipment. and all utili ties and transportation>> inoluding
power, fuel and water, and performing all work neoessary to con-
struct and complete, 1n a good and 'workmanlike manner, in strict
accordance with the speciflcat ior;.s. plans and drawings therefor
on file in the Off:l.ce of t.he CHy Clerk of the City of Anaheim.
the public improvement herelnabov".l more particularly described and
set forth, in publ:Jc,. in the Ci.ty Council Chamber in the City Hall.
Anaheim, Califor'uia, and the Clty Engineer did tabulate the result
of said sealed proposals and di.d make a report to the City Counoil
at its next~~~,~:-~-~~o~~~~~~~regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next ., ::--,~,_~~egular meeting, held on the 12th day
of May~~",~, 19",5_'L, at the hOI~r of 7:00 olclook P,M.,
consider the sealed proposals S\lbmltted for furnishing the materi-
als and performing the work hereinabove more particularly desoribed
and set :'orth9 and dld thereupon find and determine that the sealed
proposal submit tad by.~B.~...~.!" NOBLE; COMPANY. p.O. Box 620. Oranqe.
California
"for the construct10I'1" 'In8tai.latior:~and completion of said IMPROVE-
MENT OF SOUlli STREt:I... PROJECTJ:10. 67
hereinabove mentioned and described> was the lowest responsible
proposal submitted therefor" and thereupon accepted said bid and
did award a contract to sald.Jk.~.. NOBLE COMPArN, P. o. Box 620,
Or an q e "-- Ca 1 if orn i a" ,.~~~""_...~..~_,,~,,~~
for furnishing all plant" labor" serVices" materials and equipment
and all utl.lities and transportation, including power>> fuel and
water" and performing all work necessB.rj' to construct and complete,
in a good and workmanlike manner.9 in. strict accordance with the
specificat.tons.9 plans, and drawtngs, the said pUblio improvement as
specified in Bald notice inviting sealed proposals. and did author-
ize 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,P. O. Box 620, O~all9~o~CaUfornia ,
which said contract was du.ly made and entered into on the It:;'th
day of ~~Mav"~_~,s 19~,~;: and
WHEREAS, the said ,.~BL J t NOBLE COMPANY
has furnished all
plant, labor 9servi ces" inateI"Iais~and equipment and all utilities
and transportation, and performed all work necessary for the oon-
structicm and completlon~ in a good and workmanlike manner~ in
striot accordance with the specifications. plans, drawings, of said
public improvement as specified in the notice inviting sealed pro-
posals and in the detail. design, plans. prOfiles. drawings and
specifications prepared by., Thornton E. Piersall. c;::itv Enoineer
.. and the contract made and entered
into wi th ,~.~~ i t::= ~~'b'y~ t~he' cl'iy of' Anaheim. and
WHEREAS. the ..CJ. tv Ene in~eT' ,.__has duly
certified to the construction and completion of said pUblio improve-
ment hereinabove mentioned and described, in accordanoe with the
plans and speoifications and the contract documents duly made and
entered into with said ~.~FL-~ NOBLE COMPANY, ...,
" .~~..____.._~~_~_.~~_...~_ , _,.,_; and
WHEREAS, the City Council finds that said oontraotor has
completed said public improvement hereinabove more particularly de-
scribed in accordance with the provisions of' the oontract and the
contraot documents. and that not.:lce of completion should be filed
and payment of the balance due sald contractor authorized in aocord-
ance with the contract docQments.
=2=
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 performanoe
of all work necessary to construot, install and complete, 1n a good
and workmanlike manner, in strict aocordanoe with the specifica-
tions, plans and drawings therefor on file in the Office of the City
Clerk of the City of Anaheim, together with the appurtenanoes
thereto, said publio improvement hereinabove mOre partioularly de-
scribed and set forth, in the City of Anaheim. by said oontractor,
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 contractor for said work be paid to it
thirty-five (3,) 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 com-
pletion, excepting only such sum or sums as may lawfully be withheld
in aocordance 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 officers, agents and employees
from all claims and liabilities due the contraotor 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, exoepting only claims against the City for any 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 notioe of oompletion of said work as required
by law.
this
THE FOREGOING RESOLUTION is approved and signed by me
11 th day of Auqust, 19~.
~. BaL'b&
MAYOR 0 HE CITY OF ANAHEIM
:21:-)?r JZ~~~-~
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) sSG
CITY OF ANAHEIM )
I, DENE M. WILLIAMS , City Clerk of the City of
Anaheim, do hereby oertify that the foregoing resolution was intro-
duced and adopted at a regular meeting prOVided by law
of the City Counoil of the City of Anaheim. held on the 11th day
of Auqust . 19~. by the following vote:
AYES:
NOES:
COUNCI~N: Borden, Coons, Fry, Pearson and Schutte.
COUNCILKEN: None.
ABSENT; COUNCILKEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and si~~ed said resolution on the 11th day of
AUQust p 19 .
IN WITNESS WHEREOF. I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 11 th day of
August . 19-22-. "'..
~ >>r. ~~--<~
C CLERK OF THE CITY OF.All IX
-)-
",-.
( SEAL )