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1965-715RESOLUTION NO. 65R 715 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 IMPROVEMENT OF PORTIONS OF BROOKHURST STREET AND KATELLA AVENUE IN THE CITY OF ANAHEIM JOB NO. 937. 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 the 8th and 15th days of A 19 65 a notice 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 the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Improvement of Brookhurst Street from approximately 205 feet north of Katella Avenue to Katella Avenue, and the improvement of Katella Avenue from approximately 236 feet east of Brookhurst Street to Brookhurst Street, in the City of Anaheim, consisting of excavation, haulaway and disposal; construction of asphalt concrete pavement, aggregate base, relocation of a catch basin, 10 -inch reinforced concrete pipe, 13" x 22" arch C.M.P., Portland Cement Concrete curb and gutter, sidewalk, driveways, 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. 937. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department and the notice inviting sea a 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 22nd day of A ril 19 65 and which said notice did state and ec are t at, 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 April 22 19 65 at the hour of 2 o'clock P.M., the City Clerk and Engineer of -1- the City of Anaheim did on said sealed proposals received up to that time for the furnishing of all plant, labor, services, 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 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 saia sealed proposals and did make a re- port to the City Council at its next regular meeting; and WHEREAS, the City Ccuucil of the City of Anaheim did, at its next regular meeting, held on the 27th day of April 19 6 at the hour of 1:30 o'clock P.M., con- sider t e sea ed proposals submitted for t mishing 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, insta1T ion and comple ion of said im.rovement of .ortions of Brookhurst Street and Katella Avenue Job No. 937 a nsei erein ove m on e ntied ara descri o�we ��as the respo l e pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said. R. J. NOBLE COMPANY ier urnis ing a p ant, a.or, 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 Faith the specifications, plans and drawings, the said public improvement as specified in said notice inviting sealed proposals, and dia 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 i h said contract was du y made and enteree into on t e 29th day of April M 19 65 and WHEREAS, the said R. J. NOBLE COMPANY has furr,is ed all plant, Tabor, 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 st accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the de- tailed designs, plans, drawings, and specifications prepared by the Public Works Department and the contract made and entered into wit if by the City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and comp etion o sal pu• lc 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. NQ BLE _____Y WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly 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. -2- an NOW, THEREFORE, BE IT RESOLVED oy the City Council of the City of Anaheim that all plant, labor, ser ei.c- n at` ria s and equipment and all utilities and transportation, and the pr formance of all work necessary to construct, install and complec 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 hereinabove 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 and after final acceptance of said work as evidenced by the adoption of this resolution but not sooner than thirty C30) days after the date of the filing of notice of completion, excepting only sach 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 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 any amounts withheld by the City at the time of :such. payment AND BE IT FURTHER RESOLVED that the Mayor and the City C of the City of Anaheim be and they are hereby aut to execute and file a notice of completion of said work as 'r 4neired by law. THE FOREGOING RESOLUTION is approved and signed by m this 28th day of September 19 65 ATTEST DO HEREBY Cr...-. n CITY CLERK OF THE CITY OF ANAHEIM AL OF RESO a. 65R -715 DULY PA Ec ,y,:_� ADOPTED BY iE;_ CITY COUNCIL ON 9 -28 -1965 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM DENTE M. WILLIAMS City Clerk of the City of Anaheim, do hereby cerl i y t at th Taregoing resolution was intro- duced and adopted at a regular meetieg provided by law of the City Council of the City of Anaheim, held on the 28th day of September 19 65 AYES COUNCILMEN° Pebley, Schutte and Krein NOES COUNCILMEN None ABSENT COUNCILMEN Dutton and Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 28th day of September 19 65 (SEAL) I D E L L i CLLR CF ISE_ CITY CF t°J;?,!t__i m3® MAYOR OF THE CT Y 0''�IEI1� IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th of September 19 65 CITY CLERK CITY CLE OF THE CITY =Sf ANAHEIM day