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59R-5150 - ,- RESOLUTION NO. 5150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURlIISHING OF ALL PLANT, LABOR. SERVICES, :MA- TERIALS AND EQ,UIPKENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COKPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: !II IMPROyJlMD'f or VIO S'l'RD!. mOM Clll\llll1!'R SlflR1Il1Jllll !O SJ!T!A .AlU. S!BDT. JOB BO. 211. WHEREAS, the City Counoil of the City of Anaheim did oause to be published in a newspaper of general oiroulation, printed. published and oiroulated in the City of Anaheim, to wit: 'fhe Anaheim .ou.'t'e ..:., on the JOtJo, ...~ t\~ ant: ....... +}". I;t:h .....7 ni' 1f_ , 19~, a notioe inviting sealed proposals for furnishing the tollowing: .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. ~lans and drawings therefor on file in the office of the City Engineer or City Clerk of the City of Anaheim. the fol- lowing public improvement. to wit: !he Improvement of Vine Street. from Center Street to Santa Ana Street, by excavation. construction of 3-inch plant-mix surfacing. removal of concrete curb and sidewalk. construction of curb and gutter, 'l'ype MBII, construction of 4-inch thick concrete sidewalk. removal of trees as per plans. and appurtenant work as indicated on the plans, Job No. 211. .- in aooordanoe with the designs, plans, prOfiles and speoifica- tions prepared by horge I. lol1oD, CUr _ineer and the notioe inviting sealed proposals, whioh said notioe speoi- tied that sealed proposals as speoified in said notioe would be reoeived up until 2:00 ololook P.X. of the 13th day of Bovember , - 19~, and whioh said notioe did state and declare that. pursuant to the provisions of Section 1710 of the Labor Code, the City Counoi1 of the City of Anaheim had asoertained the prevailing rate ot wages for eaoh type of labor needed to exe- oute said oontraot and did set forth the prevailing hourly wage soale sO ascertained; and WHEREAS, on November 13 , 192.!L-, at the hour of ololook P.M., the City Clerk and City Engineer of the 2:00 -1- -~ Oity of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servioes, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work neoessary to oon- struct and complete, in a good and workmanlike manner. in striot acoordanoe with the specifications, plans and drawings therefor on file in the Office of the City Olerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth. in public, in the City Counoil 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 adjourned regular meeting; and WHEREAS. the City Counoil of the City of Anaheim did. at its next adjour%led regular meeting, held on the 18th day of !lovember 9 19....2L.., at the hour of 7:00 ololock P.K., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more partioularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by R. J. NOBLE COMPAIY. P. O. BOX 620, OlUlG:J. CALIFORNIA. for the oonstruotiong installation and oompletion of said I~roTemen~ of Vine Street, from Center Street to Santa Ana Street. Job No. 211 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said R. J. !loble Oompany , for furnishing all plant, labor, services, materials and equipment and all utilities and transportationg including power. fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordanoe with the specifioations, plans, and drawings, the said pUblic improvement as specified in said notioe inviting sealed proposals. and did author- ize the Kayor and the City Clerk of the City of Anaheim to exeoute 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 19~h day of November . 19..2L.z and WHEREAS. the said R. J. Noble Compaay , has furnished all plant, labor. servioeSg materials and equipment and all utilities and transportation, and performed all work neoessary for the oon- struction and oompletion, in a good and workmanlike manner, in striot aocordanoe with the specifications, plans. drawings, of said publiC improvement as speoified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and specifioations prepared by Georl:e)l. HolYoke. Oity :JnR:ineer , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Oit7 Engineer has duJ.;y certified to the construction and completion of said public improve- ment hereinabove mentioned and desoribed, in accordanoe with the plans and specifications and the oontract doouments duly made and entered into with said R. J. Jloble COIlPBm' ; and -- WHEREAS, the City Oounoil finds that said contraotor has completed said pUblio improvement hereinabove more particularly de- soribed in acoordanoe with the prOVisions of the contract and the oontract documents. and that notioe of completion should be filed and payment of the balanoe due said contractor authorized in aocord- ance with the contract documents. -2- ~ NOW>> THEREFORE. BE IT RESOLVED by the City Council of the City of Anaheim that all plant. labor. servicess materials and equipment and all utilities and transportations 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 appurtenanoes thereto>> said pUblic improvement hereinabove more particularly de- scribed and set forth. in the City of Anaheim. by said contractors bes and the same are hereby accepted. subject. neverthelesss to all the terms. conditions and provisions of the contraot dooumentss 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 resolutionp but not sooner than thirty (30) days after the date of the filing of notice of com- pletion>> excepting only such sum or sums as may lawfully be withheld in aocordance with the provisions of said contraot and oontract 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 BE IT FURTHER RESOLVED that the Mayor and the Oi ty 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 14th day of April . 19..22-0 a~, ~~LM MAYOR OF HE CITY OF ANAHEIX ss. I. Dene M. Will1aas >> City Clerk of 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 14th da7 of April >> 19~>> by the followlng vote: NOES: COUNOI~N~ Borden, Goons, Fry, Pearson and Schutte COUNCILMEN: None AYE8~ ,- ABSENT~ COUNOILHEN~ None AND I FURTHER CERTIFY that the Mayor Anaheim approved and signed said resolution on .&.w11 p 19..22....,.,0 IN WITNESS WHEREOF p the official seal of the Oi ty Aw11 >> 19~. of the Oi ty of the 14th day of ( SEAL ) I have hereunto set my hand and affixed of Anaheim this 14th day of ~~. '2/ ~:-A~-n1fi C1 CLE OF THE CITY OF IX -3-