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ARA1984-028RESOLUTION NO. ARA84 -28 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES,.MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: SITE IMPROVEMENTS FOR BANK TEMPORARY RELOCATION IN THE CITY OF ANAHEIM, CONTRACT NO. D84 -1. WHEREAS, the Redevelopment Agency of the City of Anaheim did cause to be published in a newspaper of general circulation, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 15th and 21st days of March, 1984, 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: All supervision, technical personnel, labor, materials, equipment, tools permits, and services needed to perform and complete removal of existing improvements, site clearance, and grading operations, excavation, importing fill, and other items, as well as to construct asphalt concrete pavement, portland cement concrete curbs, gutters, and sidewalks, building connection sewer, sewer cleanouts, water service, electrical, telephone, landscape, irrigation, parking lot lights, and all appurtenances as directed by the Engineer, of the parcel of land bounded generally on the west by Harbor Boulevard, on the south by Chestnut Street, and on the east by Helena Street, and on the north by existing bank property in the City of Anaheim, designated by Contract No. D84 -1, in accordance with the designs, plans, profiles and specifications prepared by the Public Works Department, and the notice inviting sealed proposals, which said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. on the 29th day of March, 1984, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the Redevelopment Agency 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 prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on the 29th day of March, 1984, at the hour of 2:00 o'clock P.M., the Secretary of the Redevelopment Agency and the City Engineer of the 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 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 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 Redevelopment Agency at a meeting held no later than thirty (30) days after the bids were opened; and WHEREAS, the Redevelopment Agency of the City of Anaheim did, at a subsequent regular or adjourned regular meeting, held on the lst day of May, 1984, at the hour of 9:30 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 by R. J. NOBLE COMPANY, Post Office Box 620, Orange, California 92666 for the construction, installation and completion of said Site Improvement for Bank Temporary Relocation, in the City of Anaheim, Contract No. D84 -1 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 Chairman and Secretary of the Redevelopment Agency to execute a contract for and on behalf of the Redevelopment Agency with said contractor, which said contract was duly made and entered into on the lst day of June, 1984; 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 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 prepared by the Public Works Department, and the contract made and entered into with said contractor by the Anaheim Redevelopment Agency; and WHEREAS, the Public Works Executive Director has duly certified to the construction and completion of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said contractor; and WHEREAS, the Redevelopment Agency finds that said contractor has completed said public improvement hereinabove more particularly described 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 accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency 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 specifications, 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 described 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 Chairman of the Redevelopment Agency be, and he is hereby, authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION Redevelopment Agency of the City November, 1984. ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY is approved and adopted by the of Anaheim this 20th da f �� • CHAIRMAN ANAHEIM REDEVELOPMENT AGENCY 1789U STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA84 -28 was passed and adopted at a ,. regular meeting of the Anaheim Redevelopment Agency held on the 20th day of November, 1984, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Kaywood, Bay, Overholt and Roth NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Pickler AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 20th day of November, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of November, 1984. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)