1965-874RESOLUTION NO. 65R 874
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 KATELLA AVENUE. FROM LEWIS
STREET TO APPROXIMATELY 290 FEET WEST OF
SOUTHERN PACIFIC RAILROAD IN THE CITY OF
ANAHEIM, PROJECT NO. 102, PHASE II.
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 15th and 22nd days
of April 19 65 a notice inviting sealed proposals
for furnis ing the fo ooaing:
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 Katella Avenue,
from Lewis Street to approximately 290 feet west of
Southern Pacific Railroad, in the City of Anaheim,
consisting of excavation, including haulaway, disposal,
embankment and import borrow; application of prime
coat; construction of a R.C.P. culvert including jacking
a 30 -inch R.C.P. and constructing related inlet and
outlet structures; construction of asphalt concrete
pavement, aggregate base, Portland Cement Concrete curb
and curb and gutter; adjusting manholes and water valve
boxes to grade, 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, Project
No. 102, Phase II.
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 29th day of
April 19 65 and which said notice did state 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 Ap 29 19 65 at the hour of
2:00 o'clock P.M., the City Clerk and tie City Engineer of
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,
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 said sealed proposals and did make a re-
port 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 4th day of
Ma 19 'S5 at the hour of 1:30 o'clock P.M., con-
sider 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 construct
instal. ion and completion completi improvement of Katella Avenue,_
in the Cit of Anaheim Pro'ect No. TD2 Phase II,
ereina•ove mentione escri.e., was t e owest response e pro-
posal submitted therefor, and thereupon accepted said bid and did
award a contract to said. R. J. NOBLE COMPANY
i:or urnis ing a p ant, a•or, ser-
vices, materia s an 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 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
y. is sae.• contract was •u y made an entere into
on t e th day of May 19 65 and
WHEREAS, the said R. J. NOBLE COMPANY
as urnis ed a p ant, a•or, 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
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 witE it by the City of Anaheim; and
WHEREAS, the Director of Public Works has duly
certified to the construct on an comp et on o saes pu• is 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
an
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.
NOW, THEREFORE BE 1T RESOLVED by the City Council of
the City of Anaheim that all plant, labor,iervices, materials
and equipment and all utilities and transportation, and the per-
formance of all work necessary to construct, Install and com-
plete, 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 herein-
above 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 contrct documents, and that the balance due said contractor
for said work De Nid tc it thirty-five (35) days from and
after final acceptance of17117ork 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 nay lawfully be withheld in accordance with the
provisions of said contract and contract documents. That accept-
ance 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 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 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
required by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 30th day of November 19 65
ATTEST:
CI CLER OF THE CITY OF ANAHEIM
4
YOR OF THE CITY OF NAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 65R -874 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 30th day of
November, 1965, by the following vote of the members thereof:
AYES: COUNCILMEN: Pebley, Schutte, Chandler and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Dutton
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 65R -874 on the
30th day of November, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 30th
day of November, 1965.
(SEAL)
CIT CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolution
No. 65R -874 duly passed and adopted by the Anaheim City Council on
November 30, 1965.
tee,. Gc/ v�
CITY CLERK