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1981-271RESOLUTION NO . 81R- 271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: DEMOLITION AND SITE CLEARANCE LOCATED AT 225 1/2, 1022 AND 1022 1/2 NORTH PATT STREET, IN THE CITY OF ANAHEIM, CONTRACT NO. BG80-2, ACCOUNT NO. 25-214-6640. WHEREAS, the City Council of the City of Anaheim did instruct the Community Development Department to solicit proposals for demolition and site clearance of the following City properties, to wit: 225 1/2, 1022 and 1022 1/2 North Patt Street Designated as Contract No. BG80-2, Account TJo. 25-214-6640, in accordance with the specifications on file in the Office of the City Clerk; and WHEREAS, the City Council did instruct the Community Development Department to solicit sealed proposals for the furnish- ing of all plant, labor, services, materials and equipment, all ut~.lities and transportation, including power, fuel and water, and performing all work necessary to complete in a good and workmanlike manner, the demolition and site clearance hereinabove more particu- larly mentioned and described, and which 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 prevail- ing rate of wages in the locality in which this type of labor is to be performed for each craft or type of workman or mechanic needed to execute the contract, and which wage scale is on file in the Offices of the City Clerk and City Engineer; and -1- WHEREAS, on the 10th day of November, 1980, at the hour of 2:00 o'clock P.M., the City Clerk of_ the City of Anaheim did open the one sealed proposal 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 Council Chambers, Civic Center, Anaheim, California, and the Community Development Department representative did tabulate the result of said sealed proposal and did make a report to the City Council; and WHEREAS, the City Council o.f_ the City of Anaheim did, at its next subsequent regular or adjourned regular meeting, held on the 18th day of November, 1980, at the hour of 1:30 o'clock P.M., consider the sealed proposal 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 HINTZ WRECKING COMPANY, INCORPORATED, Post Office Box 629, Burbank, California 91503 for the construction, in- stallation and completion of said demolition and site clearance located at 225 1/2, 1022 and 1022 1/2 North Patt Street, in the City of Anaheim, Contract No. BG80-2, Account No. 25-214-6640, here- inabove 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, ser- vices, materials and equipment and all utilities and transportation, including power, fue_t 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 solicitation 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 o.f_ the City of Anaheim with said contractor, which said contract was duly made and entered into on the 4th day of December, 1980; 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- 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, the Public Works Executive Director has duly certified to the construction and completion of said public im- provement hereinabove mentioned and described, i-n accordance with the plans and specifications and the contract documents duly made and entered into with said contractor; and WHEREAS, the City Council 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. NO?~1, 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 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 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 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 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- THE FOREGOING by the City Council of June Z9 81, ATTEST: RESOLUTION is approved and adopted the City of Anaheim this 9th day of ~~~~ /fm -4- ""~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R-271 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of June, 1981, by the following .vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seyrncur NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the N:ayor of the City of Anaheim signed said Resolution No. 81R-271 on the 9th day of June, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of June, 1981. CITY CL RK OF THE CITY 0 ANAHEIM (SF,AL) I, LIND4 D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-271 duly passed and adopted by the Anaheim City Council on June 9, 1981. ITY CLERK