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69R-130RESOLUTION NO. 69R- 130 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 FOR THE INSTALLATION AND COMPLETION OF THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: AUTOMATIC FIRE SPRINKLER SYSTEMS FOR THE ANAHEIM CONVENTION CENTER, 800 WEST KATELLA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 249. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circu- lation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 23rd and 29th days of May, 1968, a notice inviting sealed proposals for furnishing the following: Detailed plans, drawings and specifications in accordance with and conforming in general to preliminary plans and specifications prepared by the Public Works Department of the City of Anaheim and on file in the Office of the City Engineer for the furnishing of Automatic Fire Sprinkler Systems and Contingent Item of Smoke Detector Systems; 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, install and complete, in a good and workman- like 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, Automatic Fire Sprinkler Systems, and Contingent Item of Smoke Detector Systems, for the Anaheim Convention Center, 800 West Katella Avenue, in the City of Anaheim, Work Order No. 249. The cost of preparing the detailed design, drawings, plans and specifications shall be included in the lump sum bid. in accordance with the preliminary plans 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. of the 6th day of June, 1968, 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, the City Council did cause to be published an addendum to said Legal Notice extending the date and hour for the opening of sealed proposals for said public improvement to June 20, 1968 at 2:00 o'clock P.M.; and WHEREAS, on June 20, 1968, 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 detailed specifications, plans and drawings therefor submitted by the bidder and conforming in general to preliminary plans and specifications on file in the Office of the City Clerk of the City of Anaheim, the public improvement herein- above 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 pro- posals and did make a report to the City Council at its next adjourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adjourned regular meeting, held on the 28th day of June 1968 at the hour of 2;00 ofclock 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 VIKING A,&JTOMATIC SPRINKLER COMPANY 0. Box 1876, Newpgrt Beach. Calif for the construction, installat and comple of said automatic fire sprinkler systems for the Anaheim o vent}}',,on Center Work Order No. 249, mentioned an d d escribed, was t he lowest responsib pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said VIKING AUTOMATIC SPRINKLER COMPANY for furnishing alr 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 detailed specifications, plans and drawings submitted by said bidder, 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 con- tract for and on behalf of the City of Anaheim with VIKING AUTOMATI $SPRINK R COMPANY which said contract was duly made and entered i th into on the 28th day of June 1968 and WHEREAS, the said VIKING AUTOMATIC SPRINKLER COMPANY has furnished all plant, labor, ser- vices, 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 detailed specifications, plans, drawings of said public improvement submitted by the bidder and conforming in general to preliminary plans and specifications prepared by the Public Works De artment as specified in the notice inviting sealed proposals 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 im- provement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said VIKING AUTOMATIC SPRINKLER COMPANY and WHEREAS, the City Council finds that said contractor hd,s completed said public improvement hereinabove more particularly d: ascribed 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 ac- cordance 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 per- formance of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the detailed specifications, plans and drawings therefor submitted by the bidder, 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 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 docu- ments. 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 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 llth day of March 19 69 (SEA STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM -3- fie M I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANANEIMt DO HEREBY CERTIFY THAT THE FOREGJING 13 THE Q UOIN. IM AL OF RESOLUTION NO• R 130 DULY PAytiEO AND ADf D BY THE ANAHEIM CITY COUNCIL ON 3 -1 1-69 CITY CLERK I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the bb day of March 19 fiQ by the fol- lowing vote o f t members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley 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 llth day of March 19 69 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of March s 19 69 RKO THE CITY OF CL ANAHEIM