1961-7028RESOLUTION NO. 7028
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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT
AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT,
TO WIT: A RIGID FRAME FABRICATED STEEL BUILDING,
ON THE SOUTHEASTERLY PORTI
PROPERTY ON GILBERT STR E
LINCOLN AVENUES, IN THE CITY OF ANAHEIM, JOB
NO
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 December 15 and 22
1960 a notice inviting sealed proposes or urn s ng e
fo owing:
Detailed plans and specifications in accordance with and
conforming in general to preliminary plans and specifications
prepared by the City Engineer of the City of Anaheim and
on file in the Office of the City Engineer for the erection
of a rigid frame, fabricated steel building 32' x 100' x
10' (nominal); and all plant, labor, services, materials
and equipment, and all utilities and transportation, including
power, fuel and water, and performing all work necessary to
furnish, erect and complete, in a good and workmanlike manner,
in strict accordance with the detailed plans and specifications
to be submitted by the bidder and conforming in general to
preliminary plans and specifications on file in the Office
of the City Engineer, a rigid frame, fabricated steel building
on the southeasterly portion of City -owned property on Gilbert
Street between Crescent and Lincoln Avenues, in the City of
Anaheim, including all excavation, backfill, forms, compaction
and testing, grading and other material necessary for
construction of footings, foundation and miscellaneous concrete
work, Job No. 541.
The cost of preparing the detailed design, drawings, plans,
specifications and calculations shall be included in the
lump sum bid;
preliminary
in accordance with the /designs, plans, profiles and specifica-
tions prepared by the City En
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. of the 29th day
of nP.ce er 9 19 60 and which said notice did
state an 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 set forth the prevailing
hourly wage scale so ascertained; and
WHEREAS, on December 29 196 at the hour
of 2 :00 o'clock 77)40 the City Clerk and City Engineer of
-ln
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 detailed plans and spe-
cifications submitted by the bidder, and conforming in general
to preliminary plans and specifications prepared by the City
Engineer, and on file in the Office of the City Clerk of the
City of Anaheim, the public improvement hereinabove more parti-
cularly 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 3rd day of January, 1961,
at the hour of 7:00 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 sealed proposal submitted
by PENTA OONSTR.UCTION SYSTEM, INC., 1785 South Sycamore, Rialto.
California, for the construction, installation and completion
of said rigid frame, fabricated steel building, in the City
of Anaheim, Job No. 541, hereinabove mentioned and described,
was the lowest responsible proposal submitted therefor, and there-
upon accepted said bid and did award a contract to said PENTA
CONSTRUCTION SYSTEM, INC., 1785 South Sycamore, Rialto, Calif-
ornia, 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 con-
struct 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 PENTA OONSTRUCTION SYSTEM, INC.
which said contract was duly made and entered into on the 10th
day of January, 1961; and
WHEREAS, the said PENTA CONSTRUCTION SYSTEM, INC.
has furnished all plant, labor, services, materials and equip-
ment 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 speci-
fications, plans, drawings, of said public improvement as speci-
fied in the notice inviting sealed proposals and in the detail,
designs, plans, profiles, drawings and specifications prepared
by PENTA CONSTRUCTION SYSTEM, INC., and the contract made and
entered into with it by the City of Anaheim; and
WHEREAS, the Director of Public Works has duly certi-
fied to the construction and completion of said public improve-
ment hereinabove mentioned and described, in accordance with the
plans and specifications and the contract documents duly made
and entered into with said PENTA CONSTRUCTION SYSTEM, INC.; 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.
-2-
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 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
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 it thirty -five (35) days from and after
final acceptance of iiInTark 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 any amounts withheld 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 this
th day of Jul 1961
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
T. DENS M WILLIAMS
City Clerk of the City
of Anaheim, do hereby ce rtihy that the foregoing resolution was
introduced and adopted at a
regular meeting pro-
vided by law of the City CotiFFrr of Anaheim, held on the
�th day of July 1961 by the following vote:
MI WO MO.
AYES: COUNCILMEN:. Chandler, Coons, Fry, Thompson and Schutte
NOES: COUNCILMEN None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 5th day of
July 19 61
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the .official seal of the City of Anaheim this 5th day
of .July 19 61 0
_30