1954-2322RESOLUTION NO. 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PLANT' Lr.BOR, SERVICES,
MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER,
AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT
AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT:
EAST VERMONT AVENUE FROM SOUTH EAST STREET TO
SOUTH OLIVE STREET, JOB NO. 501.
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 29th day of August
and the 3rd day of September, 1953 12,11, a notice inviting
sealed proposals for furnishing the following:
All plant labor, services, materials and equip-
ment, and all utilities and transportation,
including power, fuel and water, and perform
all work necessary to construct and complete in
a good and workmanlike manner, in strict ac-
cordance with the plans and specifications on
file in the Office of the City Engineer, the
improvement of East Vermont Avenue from South
East Street to South Olive Street by the removal
of existing material, paving with plant -mix,
construction of plant -mix berms, construction
of storm drain system, clearing right -of -way,
adjusting existing manholes to grade, and ap-
purtenant work, Job No. 501,
in accordance with the designs, plans, profiles and specifications
prepared by George E. Holyoke, City Engineer and the notice
inviting sealed proposals, which said notice specified that
sealed proposals as specified in said notice would be received
up until 8:00 o'clock P.M. of the 8th day of September
19 53 and which said notice did state and declare
that, pursuant to the provisions of Section 1770 of tae Labor Code,
the City Council of the City of Anaheim had ascertained the pre-
vailing rate of wages for each type of labor needed to execute
said contract and did set forth the prevailing hourly wage scale
so ascertained; and
WHEREAS, at a regular meeting of the City Council held
on the 8th day of September 19 53 at the hour of
8:00 o'clock P.M. of said date, said City Council did hold a
public hearing for the purpose of opening sealed proposals re-
ceived up to that time, for furnishing of all plant, labor, servi-
ces, materials and equipment and all utilities and transportation,
including power, fuel and 'later, 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 Clerk of the City of
Anaheim, of the public improvement hereinabove more particularly
described and set forth; and
WHEREAS, the City Council did thereupon refer said bids
to the City Engineer for examination, tabulation and report to the
City Council, and said City Engineer did thereupon examine and
tabulate said sealed proposals and report the result of his tabu-
lation to the City Council; and
WHEREAS, the City Council did meet in regular session
on the 8th day of ,September 19 53 at the hour of
8:00 o'clock P.M. to consider the sealed proposals submitted for
furnishing materials and performing the work hereinabove more
particularly described and set forth, and the City Engineer of
the City of Anaheim did thereupon make his report and submit his
tabulation of said sealed proposals, and the City Council did
thereupon find and determine that the sealed proposal submitted
by R. J. NOBLE COMPANY, P. 0. BOX 620, ORANGE, CALIFOiiv IA
for the construction, installation
and completion of said East Vermont Avenue Improvement. Job No. 501,
hereinabove mentioned and described was the lowest responsible
pro)osal.' 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 equip-
ment 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 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 Company which said
contract was duly made and entered into on the 9th day of
September 19 53 and
WHEREAS, the said R. J. Noble Company has
furnished all plant, labor, services, materials and equipment
and all utilities and transportation, and performed all work
necessary for the construction and completion, in a good and work-
manlike 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 detail, design, plans, pro-
files, drawings and specifications prepared by George E. Holyoke,
City EnO.neer and the contract made and entered
into with nim by the City o Anaheim; and
WHEREAS, the City Engineer has duly certified to the
construction and completion of said public improvement hereinabove
mentioned and described in accordance with the plans and specific-
ations 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
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-
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 per-
formance of all work necessary to construct, install 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 together with the ap
purtenances thereto of said public improvement hereinabove more
particularly described and set forth, in the City of Anaheim, by
said contractor, be, and the same is 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 him 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 (30) 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 pro-
visions of said contract and contract documents. That acceptance
by the contractors 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 anythin 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
Clerk of the City of Anaheim be, and they are hereby, authorized
to execute and file a notice of completion of said work as re-
quired by law.
THE FOREGOING RESOLUTION was signed and approved by me
this 12th daY of January 19 54
ATTEST:
CLERK OF y y /•s TY 0 ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
STATE OP CALIFORNIA
COUNTY OF ORANGE ss
CITY OF ANAHEIM
I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby
certify that the foregoing resolution vas introduced 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, 1954, by the following vote:
AYES: COUNCILMEN: Pearson, Schutte, Wisser and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Heying.
AND FURTHER CERTIFY that the Mayor of the City of Anaheim approved
and signed said resolution on the 12th day of January, 1954.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 12th day of January, 1954.
s1 AT)
CITY GUM OF THE Q1 1 ANAHEIM