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59R-5087 --, ,-' RESOLUTION NO. 5087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AiABEIM FINALLY ACCEPTING THE COMPLETION AID THE FURJlISHING OF .ALL PLAIT, LABOR, SERVICES, JU- TERIALS AND EQUIPMENT AND ALL UTILITIES AID TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE SABINA-JULIANNA STREET IMPROVEMENT. IN SABINA STREET. FROM LA PALMA AVENUE TO JULIANNA STREET. AND IN JUL TAliNA STREET. FROM OLIVE STREET TO PAULINE STREET. JOB NO. 220. WHEREAS, the City Council of the City of Anaheim aid oause to be published in a newspaper of general oirculation, printed, published and ciroulated in the Oity of Anaheim, to wit: the Anaheim Gar.et tEL,_ on the 2~th of Dec.. 19~8 and 1st of Jan. , 19...5.9-., a notioe 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 neces- sary to construct and complete, in a good and work- manlike manner, in strict accordance with the plans and specifications on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following publiC improvement, to wit: The Sabina- Julianna Street Improvement, in Sabina Street, from La Palma Avenue to Julianna Street, and in Julianna Street, from Olive Street to Pauline Street, consist- ing of excavation, construction of 5-inch plant-mix surfacing, adjusting existing manholes to grade, adjusting existing water valve covers to grade, and appurtenant work, as indicated on the plans, Job No. 220, ,- in accordanoe with the designs, plans, prOfiles and specifica- tions prepared by Thornton Eo Piersall~ City Engineer, and the notioe inviting sealed proposals, whioh said notioe 8peoi- fied that sealed proposals as specified in said notioe would be reoei ved up until 2: 00 o' olock P .ll. of the 8th day of Januarv , 19~, and whioh said notice did state and deolare that, pursuant to the provisions of Section 1770 of the Labor Oode, the Oity Oouncil of the City of Anaheim had asoertained the prevailing rate of wages for each type of labor needed to exe- cute said oontraot and did set forth the prevailing hourly wage scale so asoertained; and WHEREAS, on January 8 , 19-2L, at the hour of o'olock P.ll., the Oity Clerk and Oity Engineer of the 2:00 -1- - -- 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 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 regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next re~;lar meeting, held on the 13th day of JanuarY, 19 , at the hour of 7:00 o'clock P.K., 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. NOBLE COMPANY. P. O. Box 620. OranQe. Cat ifornia for the construction, installation and completion of said Sabina- Julianna street Im~rovement, lnh No 220 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. Noble Company, P_ 0 Box 620, n~~n~~J r~lt~nrn;~ for urnishing all plaht, 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 speoified 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 which said contract was duly made and entered into on the l~th day of January , 19...53..-; and WHEREAS, the said RaJ - Noble COlllpanhas 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 aooordance with the specifications, plans, drawings. of sald 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 Eniineer , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Ci ty Eniineer bas du.1y certified to the construction and completion of said pUblic improve- ment hereinabove mentioned and desoribedJ in accordance with the plans and specifications and the contract documents du1y made and entered into with said RaJ. Noble Comoany ; and - WHEREAS. the City Council finds that said contraotor 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. -2- ".. "" r-. 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 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 Olerk of the City of Anaheim~ together with the appurtenances thereto, said public improvement hereinabove more particularly de- scribed 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 contract documents, 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 resolution, 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 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. ARD BE IT FURTHER RESOLVED that the Mayor and the City Olerk 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 10th day of March . 19.2L-. o ~ ~lJ;6 MAtbR 0 THE ITY OF ANAHEIK Z;:ST: , ~. ]/;;A~ C1 CLtiK OF THE CITY OF ANAHEIM STATE OF OALIFORNIA ) OOUITY OF ORANGE ) ss. CITY OF AlWiEIM ) I. DENE M. WTLLTAMS , City Olerk of the Oity of Anaheim. do hereby certify that the foregoing resolution vas intro- duced and adopted at a ------ regular meeting provided by law of the Oity Councll of the City of Anaheim. held on the lOth day of March . 19.5..2.-. by the following vote: AYES: COUJlOILMEN: Borden, Fry, Pearson and Schutte IOES: COU)lCILMEJh None r\ t ' ABSENT~ OOUNOILMEN: Coons AND I FURTHER CERTIFY that the Kayor of the City of Anaheim approved and signed said resolution on the lOth day of March . 19~. IN WITNESS WHEREOF. I have hereunto set my hand and affised the official seal of the Oity of Anaheim this lOth day of M,....p-h . 19.5..9-.. /J ~ ~~ ~~ ~ CITY CLEM OF 'HE CITY 6F llibfx -3- (SJ:AL)