1965-023A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM 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: E
IMPROVEMENT OF NUTWOOD STREET FROM BA
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circul =tion,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on the 24th day of September and the
lst of, Octobpr 19
furnishing the fol owing:
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 man-
ner, 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 Improve-
ment of Nutwood Street, from Ball Road to Castle
Avenue, in the City of Anaheim, consisting of excava-
tion, including haulaway and disposal; construction of
asphalt concrete pavement, removal and reconstruction
of an irrigation line and appurtenant work as more
particularly set forth in the plans and specifications
on file in the Office of the City Clerk of City Engineer,
Job No. 904.
RESOLUTION NO. 65R -23
notice inviting sealed proposals for
in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Department
and the notice inviting sealed proposals, 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 8th day of
October, 19 64 and which said notice did state and
decare 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 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
WHEREAS, on October 8 1964 at the hour of
2 :00 o clock P.M., the City Clerk amend the City Engineer of
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the City of Anaheim did open said sealed proposals received up
to that time for the furnishing of all plant, labor, services,
materials and equipment, and all utilities and transportation, in-
cluding 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 there-
for 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 )0000( regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its )00021( regular meeting, held on the 20th day of
October 19 64 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
proposal submitted by R. J. NOBLE COMPANY, P._0. Box 620, Orange,
California for the construction,
installation and completion of said improvement of Ntt wood Street,
JQb No. 904,
hereinabove mentioned and described, was the lowest responsible pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said R. J. NOBLE COMPANY
for furnishing all plant, labor, ser-
vices, 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, the said pub-
lic 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 COMPANY
which said contract was duly made and entered into on the 22nd
day of October 19 64 and
WHEREAS, the said R. J. NOBLE COMPANY
has furnished all plant, labor, ser-
vices, materials and equipment and all utilities and transportation,
and performed all work necessary for the construction and completion,
in a good and workmanlike manner, in strict accordance with the speci-
fications, 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
and the contract made and entered into
by the City of Anaheim; and
WHEREAS, the Director of Public Works has duly
certified to the construction and completion of said public improve-
ment hereinabove mentioned and described, in accordance with the
plans and specifications and the contract documents duly made and
entered into with said
with
R. J. NOBLE COMPANY
and
WHEREAS, the City Council finds that said contractor has
completed said public improvement hereinabove more particularly des-
cribed 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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, labor, service,,, naterial's
and equipment and all utilities and transportation, and he per
formance of all work necessary to construct, itsta11 and complete,
in a good and workmanlike manner, in strict accordance with the
specifications, plans and drawings therefor cel file in the Office
of the City Clerk of the City of Anaheim, together with the
appurtenances thereto, said public improvement hersinabove 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 ard provisions of the
contract documents, and that the balance due said contractor for
said work be paid to IT thirty-five (35 days from and after
final acceptance of said work as evidenced by the adoptio,7 of this
resolution, but not sooner than thirty ,,30) days after the date of
the filing of notice of completion, excepting only se;ch sum or sums
as may lawfully be withheld in accordance with the provisions of
said contract and contract documents. That acceptance by the con-
tractor 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 contractor for anything done or furnished rm 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 any amounts withheld by the City at the time of such payment
AND BE IT FURTHER RESOLVED that the Mayor and the City Clerl
of the City of Anaheim be, and they are hereby authorized to execute
and file a notice of completion of said work as zequir ed. by law.
THE FOREGOING RESOLUTION is approved and signed by me this
12th day of Januar, 19 65
ATTEST
CI CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
4u City Clerk of the City of
Anaheim, do hereby certify t at the oregoing resolution was intro-
duced and adopted at a regular meeting provided by
law of the City Council of the City of Anaheim, held on the _12th__
day of 1965.
AYES COUNCILMEN Pebley, Krein and Schutte
NOES COUNCILMEN L None
ABSENT COUNCILMEN', Dutton and Chandler
/Pro Tem
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
and signed said resolution on the 12th day of jai:luau__
approved
19 65
(SEAL)
NAYu OF HE CIA' 0
/PRO TEM
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 12th day
of January