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80R-566 .f'" -- /~., RESOLUTION NO. 80R-566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE F~RNISHING OF ALL PLANT, LABOR, SER- VICES, MA1ERIALS AND EQUIPMENT AND ALL UTILI- TIES AND ~RANSPORTATION INCLUDING POWER, FUEL AND WATER. AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: OAK STREE~ & OAK STREET ALLEY STREET IMPROVEMEtf 33' W/O ANAHEIM BOULEVARD TO 20' EIO C.. EMENTINE STREET, IN THE CITY OF ANAHEI" ACCOUNT NO. 46-792-6325-2280~ 82-366-6327-00975. . \. WHEREAS, ~he City Council of the City of Anaheim did cause to be publish~d in a newspaper of g~neral circulation printed, published _nd circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the lOth and 17th dltS Or~oril . . , 1980 , a no cenv~ng sealed proposals for furni~hing the following: . All plant, lab~r, services, materials and equipment, and all utilit!es and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike man- ner, in strict accordance with the specifications, plans and draw!ngs therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Oak Street & O.k Street Alley Street Improvement, 33' Wlo Anahei~ Boulevard to 20' Elo Clementine Street, in the City of Anaheim, consisting of clearing and grubbing; excavation; construction of asphalt concrete over base matetial; construction of P.C.C. curb anq gutter construction of asphalt concrete berm; construc- tion of curb drain; construction of catch basin and RCP storm drain; adjustment of manholes to grade; sheet- ing, shoring and bracing; construction of V.C.P. sewer; construction ot manholes; fill manholes with sand; construction of D.I.P. water line; install valves and appurtenances; construction of fire hydrant assembly; and all appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the\City Engineer, Account No. 46-792-6325-2280; .~ in accordance with ~he designs, plans, profiles and specifications prepared by the Pub~ic Works Department, and the notice inviting sealed proposals, wbich said notice specified that sealed proposals -1- ~ , , I~ ~ .-,.., as specified in said notice would be received up until 2:00 o'clock P.M. of the 1st day of May , 19~, 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 ascertained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the pre- vailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and \offiEREAS, 011 the 1st day of May , 19 80 , at the hour of 2:00 o'cl~ck P.M., the City Clerk and the City En~ineer of the City of Anahei~ did open sa~c ~~aled proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, in- cl uding power, .fuel a~d 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 Clerk or 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 I.C01'\4 subsequent regular or adjourned rep;u1ar rn~eting; ~d . . ..--." WHEREAS, the City Council of the City of Anaheim did, at its second subsequent regular or adjourned regular meeting, held on the 13th day of May , 1980 , at the hour of 1:30 o'clock P.M., conside~ the sealed proposals submitted for furnish- 4 ing the materials and performin~ the work hereinabove more particu- larly described and set forth, and did thereupon find and determine that the sealed proposal submitted by SILVERI & RUIZ CONSTRUCTION CO., 115 Monarch Street, Garden Grove, Californla 92641 f for the construction, installation and completion of said Oak Street and Oak Street alley street improvement 33' wlo Ananelm Boulevard to 20' ejo C~ementlne Street, In the Clty of Ananelm, Account No. 46-792-6325-2280 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 furnishin~ 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 im- prove~ent as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of Anaheim to exec~te 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 28th day of May' , 19~; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construc- tion and completion, in a good and workmanlike manner, in strict -2- L , .~ ~ 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 speci- fications prepared by the Public Works Department, and the con- tract made and entered into with said contractor by the City of Anaheim; and ~. WHEREAS, th~ Public Works Executive Director has duly certified to the consitruction and completion of said public im- provement hereinabove mentioned and described, in accordance with the plans and specificiations and the contract documents duly made and entered into with said contractor; and . WHEREAS, th~ City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordanbe with the provisions of the contract and the contract document~, and that notice of completion should be filed and payment of 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 per- formance of all work necessary to construct, install 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, together with the appur- tenances thereto, said public improvement hereinabove more parti- cularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, never- theless, 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 s~id 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 con- tractor 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 or 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- ,. .~.. ': I I , I , " 1"'-"" ..-.. """" THE FOREGpING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of December , 19,..a.2. ~. ATTEST: ~~ANWIM Ifm .~ , --...., ...-... I J ~ "'"'" STATS OF CALIFOI.NIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City #rk of th~ City of Anaheim, do hereby certify_ that the foregoing Resolution Nt....i 80R-566 ~,as introduced and adOpted. at a re.gular meeting provided by law, 0 .Ithe City Qouncil of the City of..Anaheim Qeld on the 16th day of December, . ~O, by th~ following vote of the1J~r9, thereof: AYES: COUNCIL MEMBERS: Pjverho1 t, I(aywood, Bay, Roth and Seymour NOES: COUNCIL M:eMBERS: ~pne ABSENT: COUNCIL MEMBERS: ~~me ') ~ ) AND I FURTHER CERTIFY that It~e Mayor qf the City of Anaheim signed said Resolution No. BOR-566 on ttt~ 16th day of December, 1980. IN WIMSSWUEREOF, I have b.~reunto s~t my hand and affixed the seal of the City of Anahei~ this 16th d~, of Dec~ber, 1980. .~ ~'.I~~ CITY CL OF THE CITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City C~~rk of the City of Anaheim, do hereby certify that the foregoing is the origi~~ of Reso~tion No. 80R-566 duly passed and adopted by the Anaheim City Council! pn December 16, 1980. ~<.I~~ TY ct;ERK ~I -!) v ~ J