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1985-255RESOLUTION NO. 85R-255 A RESOLUTION OF THE CITY COUNCIL 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: FIRE STATION HEADQUARTERS - HVAC RENOVATION. WHEREAS, the Ci cause to be published in published and circulated Anaheim Bulletin, on the November, 1983, inviting following: ty Council of the City of Anaheim did a newspaper of general circulation, in the City of Anaheim, to wit: The 27th day of October and the 3rd day of sealed proposals for furnishing the 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: HVAC renovation at fire station headquarters, in the City of Anaheim, consisting of the demolition and removal of portions of the existing HVAC System. A renovation to the HVAC System shall include, but not be limited to, new condensing units, supply air handling units, skylites and VAV box and heating coils. All necessary wiring, conduits, connections and ducts to provide a complete system. All work shall be complete and in place for this project according to the plans and specifications on file in the office of the City Engineer, Account No. 75-252-6201, 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 17th day of November, 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 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 17th day of November, 1983, at the hour of 2:00 o'clock P.M., the City Clerk 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 City Council at a meeting held no later than thirty (30) days after the bids were opened; and WHEREAS, the City Council of the City of Anaheim did, at a subsequent regular or adjourned regular meeting, held on the 13th day of December, 1983, 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 by ACC AIR CONDITIONING AND HEATING COMPANY, 147 South Shoppers Lane, Pasdadena, California 91101 for the construction, installation and completion of said Fire Station Headquarters - HVAC Renovation, Account No. 75-252-6201 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; and WHEREAS, ACC Air Conditioning and Heating Company failed to obtain the required bonding thus preventing the execution of the contract; and WHEREAS, the City Council found that it would be for the benefit and best interests of the City of Anaheim to award said contract to the second lowest most responsible bidder, KINNEY AIR CONDITIONING, 1441 South Anaheim Boulevard, Anaheim, California 92805, and the contract was duly made and entered into on the 19th day of April, 1984; and WHEREAS, KINNEY AIR CONDITIONING 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 -2- 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 City of Anaheim; and .. WHEREAS, the City Engineer 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 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. NOW, 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 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 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 RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of June, 1985. YOR OF THE C Y O ANAHE` ATTEST: /~ CITY CLERK OF TH~ CITY OF ANA IM /fm 3764M 061885 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ,'"'",~ I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 85R-255 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of June, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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. 85R-255 on the 25th day of June, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of June, 1985. ~. i~ S 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. 85R-255 duly passed and adopted by the Anaheim City Council on June 25, 1985. CI Y CLERK ~~