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58R-4776 ~-- RESOLUTION NO. 4776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQ,UIPMENT AND ALL UTILITIES AND TRANf>. PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING AND INSTALLING ONE ELECTRICALLY DRIVEN, DEEP WEI I , TIJRRINF TYPE PUMPING UNIT, IN WEIl NO 22~ IN THE VICINITY OF SANTA ANA ANn ATCHISON STREETS, WORK ORDER NO 1606_ 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 10th and 17th days of June 19~, a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- ment (except as otherwise set forth in the speci- fications), and all utilities and transportation, including power, fuel and water, and performing all worl-( necessary to furnish and install 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, one electrically driven, deep well, turbine type pumping unit, in- cluding concrete base, in Well No. 22, located in the vicinity of Santa Ana and Atchison Streets, in the City of Anaheim, California, Work Order No. 1606, - in accordance with the designs, plans, prOfiles and specifica- tions prepared by Georoe E. Holvoke. Citv Enoineer and the notioe inviting sealed proposals, whioh said notice speci- fied that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.K. of the 3rd day of Julv , 19~, and which said notioe 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 exe- cute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on Julv 1 , 19~, at the hour of 2:00 O'clock P.M., the City Clerk and City Engineer of the -1- --- 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 necessary to con- struct 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 adiourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adiourned regular meeting, held on the l~th day of Julv . 19~. at the hour of 7:00 o.clook P.M., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by JOHNSTON PUIVJP CO.. A DIV. OF THE YOUNGSTOWN SHEET & TUBE CO.. 3272 East Foothill Blvd.. Pasadena. California for the construction, installation and completion of said PUMPING UNIT IN WELL NO. 22, WORK ORDER NO. 1606 hereinabove mentioned and desoribed, was the lowest responsible proposal submitted therefor. and thereupon accepted said bid and did award a contract to said JOHNSTON PUMP COMPANY. A DIVISION OF THE YOUNGSTOWN SHEET AND TUBE COMPANY for furnishing all plaht. labor. services, materials and equipment and all utilities and transportation. including power, fuel and water. and performing all work necessary to construot and complete, in a good and workmanlike manner, in strict accordanoe with the specifications, plans, and drawings. the said pUblic improvement as speoified in said notice inviting sealed proposals, and did author- ize 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 JOHNSTON PUMP CO.. A DIVISION OF THE YOUNGSTOWN SHEET ANn TITP.P rnMPtlNV which said contract was duly made and entered into on the 18th day of July >> 19~; and , WHEREAS, the said JOHNSTON PUMP COMPANY, A DIVI S TON np THE YOUNGSTOWN SHEET AND TUBE COJl-7PANY has furnished all plant, labor, services. materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion. 1n a good and workmanlike manner, in striot aocordance with the specifications, plans, drawings, of said public improvement as specified in the notioe inviting sealed pro- posals and In the detal1, design, plans, profiles, drawings and speoifioations prepared by Georae E. Holvoke. City Engineer , and the contract made and entered into with it by the Oi ty of Anaheim; and WHEREAS, the City En';Jineer has dull certified to the construction and completion of said pUblic improve- ment hereinabove mentioned and desoribed, in accordance with the plans and specifications and the contraot documents duly made and entered into with said JOHNSTON PUMP COMPANY r A DIVl SION OF THE YOUNGSTOWN SHEET AND TUBE COl'-'1PANY ; and WHEREAS. the City Counoil finds that said contractor has completed said pUblic improvement hereinabove more particularly de- scribed 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 1n accord- ance 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 performance of all work necessary to constructp install and complete. in a good and workmanlike manner" in strict accordance with the specifica- tions, plans and drawings therefor on file in the Office of the City Olerk of the City Of Anaheim. together with the appurtenances thereto. said public improvement hereinabove more particularly de- scribed 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 com- pletion. excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contraot and contract doouments. That acceptance by the contractor of said payments made in aocordance with said final estimate shall operate and shall be a release to the City of Anaheim9 its officers. agents and employees from all claims and liabilities due the contractor for anything done Or furnished or withheld or for anything relatlng to the work or any act or neglect of the City" its offloers. agents and em- ployees. excepting only claims against the City for any amounts withheld by the City at the time of suoh 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 2ird. day of Spptpmhpl" . 19~o <:/1;;' ~e~; ~F -/~IJl ATTEST: kXL d)?(. ?-~"~~<-_ CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUITY OF ORANGE ) ss. CITY OF ANAHEIK ) I, ~ DENE M. WILLlA]\I[S . City Olerk of the City ot Anaheim, do hereby oertify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Counoil of the Oity of Anaheim. held on the 23rd day of September.. 19..2L, by the following vote: AYES: COUNOILMEN: Pearson, Borden, Fry, Schutte and Coons NOES: OOUNCILKEN: None .- ABSENT: OOUNCILMEN: None AND I FURTHER CERTIFY that the Kayor of the Oity of Anaheim approved and signed said resolution on the 21rd day of September . 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of September . 19~. f~- u_/)(. k~_____ CITY CLERK OF THE CITY OF ANAHEIH -3- ( SEAL )