1960-5752RE ;.'LUTI ON NC 0 5752
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MA
TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS-
PORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND
COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT:
THE IMP i
S T PRO i ECT NO �6
i
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 Gazette on the 1 a
19_5/, 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 Improve-
ment of Broadway Street, from Kenmore Street to Dale
Avenue, by excavation, including haulaway and disposal
of existing material, construction of plant -mix sur-
facing per typical section, including paint binder and
weed killer, remodeling of existing driveways, adjust-
ing existing manholes to grade, adjusting existing
driveway culverts to grade, lowering existing irrigation
line, construction of standard paddle boards and re-
moval of existing trees, including ha'.ilaway and disposal,
and appurtenant work as indicated on the plans, Project
No. 86,
in accordance with the designs, plans, profiles and specs °i ca-
tions prepared by Thornton E. Piersall Citr Engineer
and the notice inviting sealed proposals, which said notice speci-
fied that sealed proposals as specified in said notice would be
received up until 2:00 o'clock Ponta of the _1st day of
October 19,59-, 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 ascertained
the prevailing rate of wages for each type of labor needed to exe-
cute said contract and did set forth the prevailing hourly wage
scale so ascertained; and
WHEREAS, on October 1 19 59 at the hour of
2:00 o clock P.M., the City Clerk and City Engineer of the
City of Anaheim did open said sealed proposals received up to that
time for the furnishing f all plant, labor, services, materials
and equipment, and all utilities and transportation, including
power, fuel and water, and performing all work necessary to con-
struct 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 report to the City Council
at its next ad iourned regular meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its next adjourned regular meeting, held on the 6th day
of October 1959 at the hour of 7 :00 o °clock P.M.,
consider the sealed proposals submitted for furnishing the materi-
als 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. N OBLE COMP ANY. Box 620, Orang
California
for the construction, installation and completion of said
IMPROVEMENT OF BROADWAY STREET, PROD FS;T No. 86
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said R. J. NORLF COMPANY,
for furnishing 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, the said public improvement as
specified in said notice inviting sealed proposals, and did author-
ize 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 __.:.x
which said contract was duly made and entered into on the 7th
day of October 19 59 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 con-
struction and completion, in a good and workmanlike manner, in
strict accordance with the specifications, plans, drawings, of said
public improvement as specified in the notice inviting sealed pro-
posals and in the detail, design, plans, profiles, drawings and
specifications prepared by Thornton E. Piersall, City Engineer
and the contract made and entered
into with it by the City of Anaheim; and
WHEREAS, the v n i_neer 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. NORLF COMPANY
and
WHEREAS, the City Council finds that said contractor has
completed said public improvement hereinabove more particularly de-
scribed 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 accord-
ance with the contract documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that all plant, labor, services, materials and
equipment and all _tilities and transportation, and the performance
of all work necessary to construct, install and complete, in a good
and workmanlike manner, in strict accordance with the specifica-
tions, 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 impro1rement hereinabove more particularly de-
scribed and set forth, in the City rf Anaheim, by said contractor,
be and the same are hereby accepted, subject, nevertheless, to all
the terms, conditions and provisi *ns of the contract documents, and
that the balance due said contractor for said work be paid to it
thirty-five (35) d,.ys from and after final acceptance of said work
as evidenced by the adoption f this resolution, but not sooner than
thirty (30) days after the date of the filing of notice of coin
pletion, excepting only such sum or sums as may lawfully be withheld
in accordance with the provisions of said contract and contract
documents. That acceptance 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 em-
ployees, excepting only claims against the City for any amounts
withheld by the City at the time of such payment.
AND HE 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.
this
ATTEST:
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE sso
CITY OF ANAHEIM
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN:
None
THE FOREGOING RESOLUTION is approved and signed by me
12th day of January 190
1, DENE M. WILLIAMS City Clerk •.f the City of
Anaheim, do hereby certify that the foregoing 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 day
of January 19 60 by the following vote:
AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 12th day of
Januar- 19 60
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 12th day of
January 19.4_,_0
CI :Y CLERK OF THE CITY OF ANAHEIM