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66-540-1- RESOLUTION NO. 66R- 510 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: A PREFABRICATED STEEL, RIGID FRAME BUILDING WITH CONCRETE FLOOR AND ELECTRICAL WORK, AT THE ANAHEIM MUNICIPAL GOLF COURSE, 430 NORTH GILBERT STREET, IN THE CITY OF ANAHEIM, JOB NO. 999. 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 13th and 20th days of January, 1966, a notice inviting sealed proposals for furnish- ing the following: Detailed plans, drawings, calculations and specifica- tions 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 erection of a prefabricated steel, rigid frame building, with concrete floor and electrical work; 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 speci- fications 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 prefabricated steel, rigid frame building with concrete floor and electrical work, at the Anaheim Municipal Golf Course, 430 North Gilbert Street, in the City of Anaheim, Job No. 999. The cost of preparing the detailed design, drawings, plans, specifications and calculations 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 invit- ing 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 27th day of January, 1966, 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 con- tract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on January 27 19 66 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 dia 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 1st day of February 1966 at the hour of 1:30 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 CONSTRUCTION SYSTEM, INC., 1785 South Sycamore Rialto California for the construction, insta and completion of said prefabri- cated steel, rigid frame building at Anaheim Municipal Golf Course, 430 N. Gilbert Street, Job No. 999. hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said PENTA CONSTRUCTION SYSTEM, INC. 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 PENTA CONSTRUCTION SYSTEM, INC. which said contract was duly made and entered into on the 3rd day of February 19 66 and WHEREAS, the said PENTA CONSTRUCTION SYSTEM, INC. has furnished all plant, labor, services, materials and equipment and all utilities and trans- portation, and performing 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 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 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 PENTA CONSTRUCTION SYSTEM, INC. and 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, amd 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 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 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 this 9th day of August 19 66 ATTEST: CIT CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R -540 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of August, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler' and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -540 on the 9th day of August, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of August, 1966. (SEAL) CI CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -540 duly passed and adopted by the Anaheim City Council on August 9, 1966. City Clerk