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1973-327 ,-.. .- ~, RESOLUTION NO. 73R-327 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 loJATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE ANAHEIM HILLS GOLF COURSE SNACK SHOP AND RESTROOM FACILITY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1510. 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 Anaheim, to wit: The Anaheim Bulletin, on the 18th and 22th days of November , 19 72 , a notice 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: The Anaheim Hills Golf Course snack shop and restroom facility, in the City of Anaheim, consisting of the construction of a wood frame building with wood roof and concrete terrace, including excavation, embankment, grading, painting, mechanical and electrical work, and including all plant, labor, materials, equipment and related work necessary for the construction in accord- ance with the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 1510. ~ in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works nP.p~rrm~nr. . and the notice inviting seaied proposals, wh1ch sa1d not1ce specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 21st day of December , 1972 , 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 w~ges for each type of l~b?r needed to execute said contract, and d1d state that the preva1l1ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- ,- .- /.-, WHEREAS, on December 21 , 19 72 ,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 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 the 26th day of December, 1972 , at the hour of 1:30 01clock P.MG, 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 NOBLE CONSTRUCTION COMPANY, 8616 Ocean View Avenue, Whittier, California 90605 ror the construction, installation and completion of said The Anaheim Hills Golf Course Snack Shop and Restroom Facilitl" in the City of Anaheim, Work Order No. 1510 hereinabove men ioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said NOBLE CONSTRUCTION COMPANY for furnishing all plant, labor, services, materials and equipment and all utilities and transpor- tation, 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 NOBLE CONSTRUCTION COMPANY which said contract was duly made and entered into on the 29th day of December , 19!.L..i and WHEREAS, the said NOBLE CON~THU~TI~~ C~MPANY has furn1sne a p ant, labor, services, materials and equipment and all utilities and trans- portation, 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 it by the City of Anaheim; and ~ WHEREAS, the Director of Public Works has duly certified to the construction and completion of said 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 NOBLE CONSTRUCTION COMPANY ; and -'2- <I""""' - ,~ WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particIJ"" larly described in accordance with the prov~sions of the contracL and the contract documents, and that not~ce of completion should be filed and payment of the balance due said contractor author~zed in accordance with the contract doc~ments. 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 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 con- tractor for said work be paid to it 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 accord,. ance with said final estimate shall opera.te and sha,ll, be a,release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor. fo~ 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 vith" held by the City at the time of such payment. AND BE IT FURTHER RESOLVED bhat the Mayor 4nd 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 thlS 7th day of Auqust , 1911--. ATTEST: ~2Y.~ CITY CLERK OF THE CITY OF ANAHEIM r' -3- ,.,... ....... ~, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-327 was passed and adopted at a regular meeting of the City Council held on the 7th day of August , 19 73 , by the following vote of the members thereof: - AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 7th day of August , 19-Z1-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of Au~ust , 19~. g~~~ CITY CLE 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. 73R-327 duly passed and adopted by the Anaheim City Council on August 7, 1973. jL~. M ~ City Clerk ~