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84R-235 RESOLUTION NO. 84R~235 - A RESOLUTIO OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FIN LY ACCEPTING THE COMPLETION AND THE FURNISH NG OF ALL PLANT, LABOR, SERVICES, MATERIALS D EQUIPMENT AND ALL UTILITIES AND TRANSPORTAT ON INCLUDING POWER, FUEL AND WATER, AND THE PE ORMANCE OF ALL WORK NECESSARY TO CONSTRUCT D COMPLETE THE FOLLOWING PUBLIC IMPROVEMENTI, TO WIT: NORTH STRE$ STREET AND WATER IMPROVEMENT, LOARA STREE TO WEST STREET, IN THE CITY OF ANAHEIM, A OUNT NOS. 26-793-6325-E3640 AND 51-606-6329~17320-34340. WHEREAS, t~e City Council of the City of Anaheim did cause to be publish~ in a newspaper of general circulation, published and circullated in the City of Anaheim, to wi t: The Anaheim Bulletin, o~ the 29th day of September and 6th day of October, 1983, invi tling sealed proposals for furnishing the following: All plant, labo~, services, materials and equipment, and all utilities aQd 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: North Street street and water improvement, Loara Street to West Street, in the City of Anaheim, consisting of clearing and gr~bbing; import borrow, excavation; construction of 'base material; construction of P.C.C. curb, gutter, s~dewalk, access ramps, drive approaches, crossgutter andapronsi reconstruction of manholes; adjustment of s~rvey monuments, manholes and water valve boxes to grade; construction of asphalt concrete; relocation of s~gn; relocation of sprinkler system(s); construction of traffic signal; construction of D.I.P. water main; ins~allation of M.J. gate valves; construction of concrete encasement; installation of manual air rele4se assembly; abandonment of existing valves, lateral$, and main; installation of water service laterals; and all appurtenant work as shown on the plans and delineated in the specifications on file in the office of the C~ty Engineer, Account Nos. 26-793-6325-E3640 and 51-606-6329-17320-34340, _.."'~_._~-"'--'._" in accordance with the designs, plans, profiles and specifications prepared by the Publiic Works Department, and the notice inviting sealed proposals, whiich said notice speci fied that sealed proposals as specifibd in said notice would be received up until 2:00 o'clock P.M. on the 20th day of October, 1983, 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 ascertaiped the prevailing rate of wages for each type of labor needed to e~ecute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City C~erk; and WHEREAS, on the 20th day of October, 1983, at the hour of 2:00 o'clock P.M., t~e City Clerk and the City Engineer of the City of Anaheim did ppen said sealed proposals received up to that time for the furnishiing of all plant, labor, services, materials and equipment, and a~l utilities and transportation, including power, fuel and wate~, and performing all work necessary to construct and comple!te, in a good and workmanlike manner, in strict accordance wiith 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 fqrth, in public, in the City Council Chamber in the City Hall, Anah~im, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at a meeting held no later than thirty (30) days after the bids were opened; and WHEREAS, th~ City Council of the City of Anaheim did, at a subsequent regular or adjourned regular meeting, held on the 8th day of November, 1983, at the hour of 10:00 o'clock A.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 qy SILVERI & RUIZ CONSTRUCTION COMPANY, 11581 Monarch Street, Gar~en Grove, California 92641 for the construction, insta~lation and completion of said North Street street and water im~rovement at Loara Street to West Street, in the City of Anaheim, Account Nos. 26-793-6325-E3640 and 51-606-6329-17320-34340 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said contractor 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 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 2nd day of December, 1983; and -2- "'""'-"""'---""~"" WHEREAS, the said contractor has furnished all plant, labor, services, mat~rials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings and specifications prepa~ed by the Public Works Department, and the contract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the Public Works Executive Director has duly certified to the con~truction and completion of said public improvement hereinab~ve mentioned and described, in accordance with the plans and s~ecifications and the contract documents duly made and entered intb with said contractor; and WHEREAS, th~ City Council finds that said contractor has completed said publib improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documen~s, and that notice of completion should be filed and payment ofi the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFPRE, 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 wprk necessary to construct, install and complete in a good apd workmanlike manner, in strict accordance with the specificatipns, plans and drawings therefor on file in the Office of the Ci~y Clerk of the City of Anaheim, together with the appurtenances th~reto, said public improvement hereinabove more particularly de~cribed 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 said contractor 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 completion, 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 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 be, and he is hereby, authorized to execute and file a notice of completion of said work as required by law. -3- R'O ._,,____"'.'"_"_"'~. THE FOREGOI~G RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of June, 1984. MA~~~ ATTEST: /fm 2679M 6/19/84 -4- --411I_''''-''''''''''','.0___,,,,. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) It LEONORA N. SOHL, City Clerk of the City of Anaheimt do hereby certify that the foregoing Resolution No.: 84R-235 was introduced and adopted at a regular meeting provided by lawt of the City Council of the City of Anaheim held on the 26th day of June, 1984, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-235 on the 26th day of June, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of June, 1984. ~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R-235 duly passed and adopted by the Anaheim City Council on June 26, 1984. 4ric?f~ -"~,_-,,,_,,""''>