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1981-183RESOLUTION NO. 81R- 183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION A_,,,_ 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 PERFORMNACE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: DEMOLITION AND SITE CLEARANCE FOR WORK TO BE DONE AT 1018 NORTH PATT STREET, IN THE CITY OF ANAHEIM, CONTRACT NO. BG81-l, ACCOUNT NO. 25-214-6640. WHEREAS, the City Council of the City of Anaheim did instruct the Community Development Department to solicit 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 man- ner, 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: Demolition and site clearance of the following City property: 1018 North Patt Street Designated as Contract No. BG81-l, Account No. 25-274-660 in accordance with designs, profiles and specifications prepared by the Public Works Department, and which solicitation 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 exe- cute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- WHEREAS, on the 4th day of February, 1981, at the hour of 11:00 o'clock A.M., the City Clerk and the Community Development Department representative of the City of Anaheim did open a 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 workman- like 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 par- ticularly described and set forth, in public, in the City Council Chamber in the Civic Center, Anaheim, California, and the Community Development Department representative did tabulate the result of sealed proposal and did make a report to the City Council at its next subsequent regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next subsequent regular meeting, held on the 10th day of February, 1981, at the hour of 1:30 o'clock P.M., consider the sealed proposal submitted for furnishing the materials and perform- ing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal sub- mitted by the Wizard of Wrecking, 2540 West Lincoln Avenue, Anaheim, California 92801, for the construction, installation and completion of said demolition and site clearance work to be done at 1018 North Patt Street in the City of Anaheim, Contract No. BG81-1, Account No. 26-214-6640, hereinabove mentioned and described, was the only re- sponsible 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 workman- like manner, in strict accordance with the specifications, plans and drawings, the said public improvement as specified in said soli- citation 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 10th day of February, 1981; 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, in 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?^l, 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 April 19 81~ ATTEST: RESOLUTION is approved and adopted the City of Anaheim this 21st 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-183 was introduced and adapted at a regular meeting provided by law, of the City Council. of the City of Anaheim held on the 21st day of April, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-183 on the 21st day of April, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of April, 1981. CITY C RK OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-183 duly passed and adopted by the Anaheim City Council on April 21, 1981. CITY CLERK