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71R-277 ...-t,. RESOLUTION NO. 71R-277 ........... 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: THE GOLF COURSE STORAGE BUILDING ADDITION, 430 N. GILBERT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 632. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anahe~, to wi t : The Anaheim Bulletin, on March 18 and March 25 , 19 71 , a not1ce inv1t1ng 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: The Golf Course Storage Buildinq Addition, 430 N. Gilbert Street, in the City of Anaheim, ~onsisting of the construction of one pre-fabricated-steel, rigid-frame building addition with concrete floor and electrical, including complete enqineerinq drawings calculations, plant, labor, materials and equipment necessary for its construction; and appurtenant work as more particularly set forth in the plans and speci- fications on file in the Office of the City Clerk or City Engineer, Work Order No. 632. ..- in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works , 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 0 · clock P. M. of the 1st. day of April , 19 71 , 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 ascer- tained 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 -1- WHEREAS, on April 1 , 19 71 , at the hour of 2:00 o'clock P.M., the City Clerk and the C1ty Engineer of the Cfty 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 neces- sary 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 its next ----- regular meeting; and ------------- WHEREAS, the City Council of the City of Anaheim did, at its next ------ regular meeting, held on t.he 6th day of Apr1.1 --;19 71 _, at the hour of j.:3L o'clock P.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 seal~d proposal submitted by___ Se~ Construction Compan~__ 6101 S1erra Avenue, P.O. Box 5l7~ontana. Calif. 92335 for the cons1:ruct:[on,1nstalra1:iOii' ana completion orsaia Golf Course Storage Buildinq Addition. in tDe Ci~~paheim,-------- Work Order No. 632 here1nabove mentioned ana-described, was tne lowest responsiDle proposal submitted therefor, and thereupon accepted said bid and did award a contract to said Senk construc~i9~~~~ ~ _____ for urn1shinq arr-plan1:;-Iabor, services, materfals and equIpment and all utilities and transpor- tation, including power, fuel and water, and perfo~ing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawinqs, 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 Sank Construction Company --Which said contract was duly made and entered into on the 8th day of April , 191.Li and WHEREAS, the said SeDk <;~nst5ucftoJ). COlQPan~ has furn1she a plant, la or, services, materials an~qurpment and all utilities and trans- portation, and perfo~ed 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 Department of Public Works , and the contract made and entered into with it by ~he City of Anaheim; and WHEREAS, the Diregj:or of P~lic t{E~t;1 _ has duly certified to the construct1on an camp et10n of sa1d public "improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said Senk Construction Company _=;-and -2- .i... . WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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 com- plete, 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 herein- above more particularly described and set forth, in the Cit.y 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 con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of saia-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 accord- ance with said final estimate shall operat.e 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 em- ployees, excepting only claims against the City for amounts with- held by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me 22nd day of _~!ane ___-t--.,. 19 71_. this ATTEST: C') )( n~ ~ERK OF THE CITY OF ANAHEIM -3- STATE OP CALIPORNIA ) COUNTY OF ORANGE ) SS . CITY OP AHAHEEM ) ~.-...... I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing' Resolution No. 71R-277 was passed and adopted at a ------ regular meetinq of the City Council held on the 22nd day of June , 19 71 , by the fOllowing vote of the members tliireof: - AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton Pro-Tem AND I FURTHER CERTIFY that 'the Mayor' of the City of Anaheim approved and signed said resolution on the 22nd day of June , 19 2L. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of June , 19 71. ~ ~f)~ C CLERK OF THE CITY OF ANAHEIM (SEAL ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-277 duly passed and adopted by the Anaheim City Council on June 22, 1971. ~, )t.~ City q1erk