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1975-435 .~ RESOLUTION NO. 75R-435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEP~ING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: THE LINCOLN AVENUE-SUNKIST STREET INTERSECTION IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 75l-B. WHEREAS, the City Council of the City of Anaheim did cause ~o be published in a newspaper of general circulation, printed, published and circulated' in the City of Anaheim, to wit: The Anaheim Bulletin, on the l~th and 22nd d~S or M~A , 19 75 , a notice 1nvit ng sea e proposals for furnishing the following: All plant, labor, services, materials and equipment, and all u~ilities and transportation, includinq power, fuel and water, and performinq 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 Enqineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Lincoln Avenue-Sunkist Street intersection improve- ment, in the City of Anaheim, consisting of excavat1on~ the construction of asphalt concrete paving, the instal- lation of traffic detector loops and a survey monument, the adjustment of water valve boxes to grade and all appurtenant work in accordance with the project plans and specifications on file in the Office of the City Engineer, Work Order No. 751-B. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Department , and the notice inviting sealed proposals, which said no~lce specified that sealed proposals as specified in said no~ice would be received up until 2:00 o'clock P.M. of the 5th dAY of June . 19 75 , and which said notice did ......... WHEREAS, on June 5 , 19 75 , at the hour of 2:00 o'clock P.M., t.he Cit.y Clerk and ~Cit.y Engineer of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servi- ces, materials and equipment, and all utilities and transporta- tion, including power, fuel and water, and perfo~in9 all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings t.herefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more part.icularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did t.abulat.e 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 ~he ~ day of June , 1975 , at the hour of 1: 30 . o'C'IOCK 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, Post Office Box 620 Orange. Californ\a 92666 for the construction, instaliation and complet on of said Lincoln Avenue-Sunkist. Street intersection itqprovem'l1J:., in the City of Anaheim. Work Order No. 751-B, . hereinabove mentioned and described, was the lowest responsible proposal submitted there- for, and thereupon accepted said bid and did award a contract to said oontractor for furnishing all plant, labor, services, materials and equipment anu all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete, in a good and workmanlike man- ner, 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 said contractor, which said contract was duly made and entered into on the "17th day of . June , 19 75 : and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and ~ranspor~ation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans anq drawinqs of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, draw1n9s and specifications prepared by the Department of Public Works , and the contract made and" entered into with said contractor by the City of Anaheim; and WHEREAS, has duly certified nun 1 ;".. ; mn,..n~PAmA"'" Director of WHEREAS, the City Council finds that said contractor has completeQ said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract and the contract documents, and that notice of completion should be filed and payment of the balance due said contr~ctor authorized in accordance with tile 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 utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete in a qood and workmanlike manner, in st.rl.ct 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 provi- sions of the contract documents, and that the balance due said oontractor for said work be paid to said contractor thirt.y-five (35) days from and after final acceptance of said work as evi- dence by the adoption of this resolution, but. not sooner than thirty (30) days after the date of the filing of notice of com- pletion, exceptinq 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 offi- cers, 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 'signe~ by me this 12tb day of Auguat 1975 . /~. Y OF ANAHEIM "" ATTEST: ~r~~'m. ~~ CIT LERK OP THE ~TY OF ANAHEIM ....... ......-...... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. BOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-435 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 August, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood. Seymour. Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-435 on the 12th day of August, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of August, 1975. ~>n.~~ CITY CLERK OF THE eI OF ANAHEIM (SBAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do he,reby certify that the foregoing is the original of Resolution No. 75R-435 duly passed and adopted by the Anaheim City Council on August 12, 1975. ~-J7;:~~ City CIer -.