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58R-4775 ,- RESOLUTION NO. 4775 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 EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FURNISHING ANn INSTAll ING ~NF FJRr.TRT~Al IV nRT'~N, ~:EiN~~~.vig~~i~~ ~iP~I:~~I~~R~~~TANANI~F.~~T~~ AVENUE. WORK ORDER NO. 160"' & WHEREAS, the City Council of the City of Anaheim aid 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 davs 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 specifications), and all utilities and transpor- tation, including power, fuel and water, and performing all work necessary to furnish and install in a good and work~anlike 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, tur- bine type pumping unit, including concrete base, in Well No.8, located in the vicinity of Citron Street and La Palma Avenue, on the reservoir site, in the City of Anaheim, California, Work Order No. 1603, ,.- in aocordance with the designs, plans, prOfiles and specifioa- tions prepared by Geor~e E. Holyoke. City Engineer and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the ",rd day of Julv , 19~, 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 asoertained 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 Jul v '3 , 19...5L, 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 accordanoe with the speoifioations, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more partioularly 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 8th day of July , 19..5.L" at the hour of 7!OO o'clook P.K., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth. and did thereupon find and determine that the sealed proposal submitted by JOHNSTON PUMP CO.. A DIV. OF THE YOUNGSTOWN SHEET & TUBE CO., i272 East Foothill Rlvd., PaRadp.na, r.al ffn~nfa for the construction. installation and completion of said RrMPTNG UNIT IN WELL NO.8, WORK ORDER NO 160] hereinabove mentioned and described. was the lowest responsible proposal submitted therefor, and thereupon aooepted said bid and did award a oontract to said JOHN!;TON P1IMP ('IlMPANVJ A nnTT!;TnN nR THE YOUNGSTOWN SHEET AND TURF: mMPANY for furnishing all plant. labor. servioes, materials and equipment and all utilities and transportation, inoluding power, fuel and water, and performing all work neoessary to oonstruct and complete, in a good and workmanlike manner, in striot aooordanoe with the specifications, plans. and drawings, the said pUblic improvement as specified in said notioe inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to exeoute a contraot for and on behalf of the City of Anaheim with JOHNSTON roMP CO.. A DIVISION OF THE YOUNGSTOWN SHEET ANn THAF r.OMPANY which said contract was duly made and entered into on the 10th day of July s 19-51L,; and , WHEREAS, the said .IOHNSTnN P1IMP ('1Ill:1P.ANY, A DIVTSTON OF' THE YOUNGSTOWN SHEET AND TUBE COMPANY has furnished all plant, labor, services, materials and equipment and all utilities and transportation. and performed all work neoessary for the oon- struction and completion, in a good and workmanlike manner. in strict aooordance with the specifications. plans, drawings, of said public improvement as specified in the notice inviting sealed pro- posals and in the detail. design. plans. prOfiles. drawings and specifioations prepared by Georae E. Holyoke. City En~ineer , and the contract made and entered into with it by the City of Anaheim; and WHEREAS. the City Enoineer has duly certified to the construotion and oompletion of said pUblio improve- ment hereinabove mentioned and desoribed, in acoordanoe with the plans and speoifications and the oontraot documents duly made and entered into with said JOHNSTON Rn~P COMPANY, A DIVISION OF THE YOUNGSTOWN SHEET AND TUBE COMPANY ; and WHEREAS, the City Counoil finds that said contractor has oompleted said pUblio improvement hereinabove more particularly de- scribed in aooordanoe with the prOVisions of the oontract and the oontract doouments, and that notioe of oompletion should be filed and payment of the balanoe due said contraotor authorized in accord- ance with the oontraot 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 construct. install and complete. in a good and workmanlike manner. 1n strict aocordance with the specifica- tions. 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 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 oom- pletion. exoepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and oontraot documents. 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 Anaheim, its offioers. 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 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 exeoute and file a notice of oompletion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day Of"" September. . 19..2L. /" ATJfST:. !'~. '&#CLE~~F TiE 6~~-'-ANAHEIH STATE OF CALIFORNIA ) COUliTY OF ORANGE ) s s. CITY OF ANAHEIM ) I>> DENE M. WILLIAMS >> City Clerk of the City ot Anahelmp do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting prOVided by law of the City Council of the CHy of Anaheim, held on the 23rd day of September , 19~!' by the following vote: >>' ..-j /-;;> {. . /'U., .ok' ..... ~-;1LC-.L---f/ Pq/l...-1?~ MAYOR OF THE CITY OF ANAHEIM AYES: NOES: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and s~ned said resolution on the 23rd day of September >>19 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2Jrn day of Seotember . 19~. ( SEAL ) L- ", -, c.-- " . . fJ/. 4/~/.-~ CITY CLERK OF THE CITY OF ANAHEIM =)=