1965-022RESOLUTION NO. 65R -22
A 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: THE
BROADWAY STREET IMPROVEMENT FROM APPROX.
3 WEST Of AGATF. STREET
ROM APPROX. 1 WEST TO APPROX. 624 WEST
OF FANN STREET, IN THE CITY OF ANAHEIM, JOB
NO. 900.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of gener 1 circulation,
printed, published and circulated in the City of Anaheim, to
wit: The Anaheim Bulletin, on the 10th and 17th days of
September 19- 64 notice inviting sealed proposals for
furnishing the foing:
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 Broad-
way Street Improvement, from approximately 130 feet west of
Agate Street to approximately 693 feet west of Agate Street
and from approximately 126 feet west of Fann Street to approxi-
mately 624 feet west of Fann Street, in the City of Anaheim,
consisting of excavation, including haulaway and disposal;
construction of A.C. pavement, aggregate base and Portland
Cement Concrete curb and gutter; removal of existing trees,
irrigation line, hedge and Portland Cement Concrete driveway,
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, Job No. 900.
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 24th day of
September 19 64 and which said notice did ssta te 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 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 September 24, 19 64 at the hour of
2:00 o clock P.M., the City Clerks 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 next regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next regular meeting, held on the 29th day of
September 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 Oran:e
California, for the construction,
installation and completion of said Broadway Street Improvement,
in the City of Anaheim, Job No. 900,
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 1st
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 the Public Works
Department
and the contract made and entered into
with it 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 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, fervic,e,, 7.at,riais
and equipment and all utilities and transportation, and the per-
formance of all work necessary to construct istaii and complete,
in a good and workmanlike manner, in strict accordance with the
specifications, plans and drawings therefor file in the Office
of the City Clerk of the City of Anaheim, together with the
appurtenances thereto, said public improvement bereinabove 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 contractor for
said work be paid to it thirty-five (35 days from ar.d after
final acceptance of said work as evidenced by the adoption of this
resolution, but not sooner than thirty .i01 days after the date of
the filing of notice of completion, excepting only sh 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 arything done or furnished ')1- 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 P.ayor and the City Clerl
of the City of Anaheim be and they are hereby a,thorized to execute
and file a notice of completion of said work as .ird by law.
THE FOREGOING RESOLITIION is approved and sigr.d by me this
12th day of JanuaEL 19 65
ATTEST%
CI CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
MAYW. T C Y 0 12r,„finvii
I, DENE M. WILLIAMS Clerk of the City of
Anaheim, do herebi 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 January_ 1965.
AYES COLNCILMEN- Pebley, Krein and Schutte
NOES, COUNCILEN None
(SEAL)
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/PRO T
ABSENT COUNCILMEN Dutton and Chandler
/Pro Tem
AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 12th day of ,January_____
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 12th day
of January 19 65
,A(
CI N CLERK OF THE CITY OF aiTM
cer