58R-4449
,-
-
RESOLUTION NO.
4449
- ."..-.-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AfWIEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL PlANT, LaBOR, SER-
VICES, MATERIALS AND EQUIPMENT AND ALL UTIL-
ITI:ES AND TRANSPORTATION INCLUDING POWER,
FUEL AND WATER, AND PERFORMING ALL WORK
NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC nlPROVEMENT. FO' ISHING
o CTRI
,
~, the City Council of the City of Anaheim did cause to be pub-
lished in a newspaper of general circulation, printed, published and circulated
in the City of Anaheim, to wits The Anaheim Bulletin, on the 24th a.:I or Sept.
a,pd +-t da.y or October , 19 '57 , a notice inviting seal pro-
posal. or. furnishing the followings
All plant, labor, services, materials and equipment
(except as otherwise set rorth in the specirications),
and all utilities and transportation, including power,
rue1 and water, and perrorming all work necessary to
fUrnish and install in a good and workmanlike manner,
in strict accordance with the specirications, plans and
drawings thereror on rile in the Orrice or the City
Engineer or the City Clerk or the City or Anaheim, one
electrically driven, deep well, turbine type pumping
1.1Dit, including concrete base, in 'Well No. 12, located
115 reet south or the center line or Glencrest Avenue
and 209 reet west of the center line or Cambria Street,
in the City of Anaheim with credit allowance ror exist-
ing pump in well, 'Work Order No. 1526,
in accordance with the designs, plans, profiles and specifications prepared by
G,orae Eo. Hoh"oke. City 1nll~,e:f and.the notice inviting sealed
p1"Opoals, which said notice speci 1 that sealed propoaals as specified in
said notice would be received up until t:~ o' clock P. M. of the 8~h day
of October , 19.JL, and 1Ih c said notice did state and eclare
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 ~ of'labor needed to execute said contract and did set forth the pre-
__ "..-... vailing hourly wage scale so ascertained; and
WHEREAS, at a regular meeting of the City Council held on the ~th day
ot Octo~er , 19~7 , at the hour at 7:00 olclock P. M. at
said date, sai City Council id hold a public hearing for the purpose of opening
sealed proposals received up to that time, for the furnishing of all plant, labor,
services, materials, and equipment, and all utilities and transportation, in-
cluding power, fuel and water, and perfOrming all \'fOrk necessary to construct and
-1-
-
.-.,,-~'
complete, in a good and workmanlike manner. in strict accordance with the speci-
fications, plans and drawings therefor on file in the office of the City Clerk
~ the City of Anaheim, of the public improvement hereinabove more particularly
described and set forth; and
WHEREAS, the City Council did thereupon refer said bids to the
01 ty lfi1J:1eer for examination, tabulation and report to the City Cou~
and sai City ~1Deer did thereupon examine and tabulate said sealed pro-
posals and report tne result of his tabulation to the City Council; and
WHEREAS, the City Council did meet in regular session
on the Rt:h day of October ,1957, at the hour of7:00 o'clock P. )(.
to consider the sealed proposals submitted for furnishing materraIS and performing
the work hereinabove more particularly described and set forth, and the
Oi t~En~iDe.r of the City of Anaheim did thereupon make his
repo an sub~~t his tabulation of said sealed proposals, and the City Council
did thereupon End and determine that the sealed proposal submitted by FOOD 1a.OHIN-
ERY AID CHEMICAL CORPORATION. PRRRT.RSS PUMP DIVISION 301 West Avenue 26,
Loa ADieles 31, Call1'orn1a for the construction, instailation and com-
pletion of said PUMPING UlfIT IN WT.T. NO. 12. WORK ORDER NO. 11)26
hereinabove mentioned and des-
cribed was the lowest resnonsib1e nronossl submitted therefor, and thereupon ac-
cepted said bid and did award a contract to said FOOD MACHINERY AND CHEMICAL
CORPORATION. PlERLESS PUMP DIV. 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 construct and complete, in
a good and workmanlike manner, in strict accordance with the specifications, plans,
and drawings, the sa'd 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 FOOD
MACHIIERY Al~D CHEMICAL CORPORATION. PEERLESS PUMP DIVISION
lI'hich said contract was dul,y made and entered into on the 14th day of
October , 19~; and
lfHEREAS, the said FOOD MACHINERY AND CHEMICAL CORPORATION.
PEERLESS PUMP DIVISION has furnished all plant, labor, services,
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 specifications, plans, drawings, of said
public improvement as specified in the notice inviting sealed proposals and in
the detail, design, plans, profiles, drawings and specifications prepared by
Geor~e E. Holyoke. City Enp;ineer , and the contract made and entere~
into with it by the City of Anaheim; and
WHEREAS, the Ci ty Enp;ineer
the construction and completion of said public
and described in accordance with the plans and
documents duly made and entered into with said
RATIO>>. PEERLESS PUMP DIVISION ; and
has duly certified to
improvement hereinabove mentioned
specifications and the contract
FOOD MACHINERY AND CHEMICAL CORPO-
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 com-
pletion should be filed and payment of the balance due said contractor authorized
in accordance with the contract documents.
'"",,---,,~
NOW, THEREFORE, BE IT H'&SOLVED 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 complete, in a good and workmanlike manner, in strict accordance with the spe-
cifications, plans and drawings therefor on file in the office of the City Clerk
of the City of An~leim, together with the appurtenances thereto of 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,
-2-
-.
----
--
nevertheless, to all the terms, conditions and provisions of the contract docu-
ments, 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 complption, 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 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 lia-
bilities 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.
day of
THE FOREGOING F.ESOLUTION is signed and approved by me this
APfil ' 19 ~8 .
1st
,. /- ';J/
t-' ~~ A'
~~ ;;;;-
(.._- =-.? c7~?~
MA o1? THE CITY OF ANAHEnt-
ATTEST.
~~4~~~-
- C K OF THE CITY 0 IM
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
ss.
I, DENE M. WILLIAMS , City Clerk of the City of
Anaheim, do hereby certify that the foregoing Resolution was passed and adopted
at an adjourned regular meeting of the City Council held on the 1st day
of - April , 19....:S!L, by the following vote of the members thereof.
AYES, COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser
NOES: COUNCILMEN: None
ABSENT. COUNCILMEN, None
AND r FURTHER CERTIFY that the Mayor of the City of Anaheim signed and
approved said Resolution on the 1st day of April , 19..2L-.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 1st day of April, 19-5fL.
----...~
~~~.
~ .- .ala. -
cr C OF THE CITr OF ANAIiitU
(SEAL)
-3-