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59R-5033 -- -~ RESOLUTION NO. 5033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURlISHIlIG OF ALL PLANT, LABOR, SERVICES, HA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMIlIG ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEME~T OF Tfffi FIRST ALLEY WEST OF EAST ;:)'l'!1:f!;f!;'l', F'ROM WATER STREET TO SOUTH STREET, JOB l~U. 44~. 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 'Gaz.e.tt.e.., on the 9th and lhtb dRYS of O~t.ObA'\" , 19~, 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 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 the first alley west of East Street, from Water Street to South Street, by the construction of 4-inch plant-mix surfacing, including fine grade, construction of standard alley intersection, and appurtenant work as indicated on the plans, Job No. 449, -. in aocordance with the designs, plans, prOfiles and specifica- tions prepared by George E. Holvoke. City Eni1neer and the notice inviting sealed proposals, which said notice speoi- fied that sealed proposals as specified in said notioe would be reoeived up until 2:00 o'olock P.M. of the 2~rd day of October , 19 5b , and whioh said notioe did state and deolare that, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had asoertained the prevailing rate of 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 October 23 , 19~, at the hour of o'olock P.M., the City Clerk and City 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 oon- struct and complete, in a good and workmanlike manner, in strict accordanoe 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 publio, 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 adiourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adiourned regular meeting, held on the 4th day of November , 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 partioularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by R.J. NOBLE COMPANY, P.O. BOX 620, ORANGE, CALIFORNIA for the oonstruction, installation and completion of said JOB NO. 449, The Improvement of the First Alley West of East Street, 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. Noble 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 oomplete, 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 Qn behalf of the City of Anaheim with R.J. NOBLECOMPA~Y which said contract was duly made and entered into on the 6th day of November , 192L; and , WHEREAS, the said R.J. Noble Gomoany has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and oompletion, in a good and workmanlike manner, in striot accordance 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 Geor~e E. ijolyoker City F.niinAA~ , and the contraot made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the oonstruction 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. Noble Comnany ; 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 contraot documents, and that notice of completion should be filed and payment of the balance 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. services, materials and equipment and all utilities and transportation. and the performanoe of all work necessary to construot, install and oomplete. in a good and workmanlike manner, 1n 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 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 contraot doouments. and that the balance due said contractor for said work be paid to 1t th1rty~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 oom- pletion. excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contraot doouments. That acceptance by the contractor of said payments made in aocordance 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 contraotor 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 City Clerk of the City of Anaheim be. and they are hereby authorized to exeoute 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 February . 19-22-. a 11. 8(JL /;;& MAYOR OF tHE CITY OF ANAHEIX 2L~-/)f" '-Z/~/ . CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUITY OF ORANGE ) ss. CITY OF ANAHEIM ) I. DENE M. WILLIAMS . Oity Clerk of the City of AnaheimD do hereby certify that the foregoing resolution was intro- duoed and adopted at a -------- regular meeting provided by laY of the City Council of the City of Anaheim>> held on the lOth day of' February _ , 1922--, by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte NOES: COUNCILMEN: None .- ABSENT: OOUNCILMEN~ None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the lOth day or February . 19~. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the official seal of tne City of Anaheim this 10th day of February D 19~. .----__. k~~ kf. ~~~fiHm CrTY CLERK OF THE CITY OF AJf . IX -)- ( SEAL )