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1960-5795RESOLUTION N0, 5795' A RESOLUTION OF THE CITY COUNCIL OF TEE 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT; FURNISHING AND INSTALLING ONE LEQT yI- C ALI Y D V N DEr -P `t( SUOMF. S TRLF. TYPE PLM 212_QII_IEL_LQUIE_aiLE,_211EYA T)RIVF,, IN THF: CITY OF ANA1 FTM, WORK ORDER NC). 1696. 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 C'a7e t.e on the 2nd and 9th days of July 19 59 a notice inviting sealed proposals for furnishing the following: in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E Piersall. City Engineer 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 otclock P.M. of the 16th day of Jul a 19 5R and which said notice did state and decla 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 set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on July 16 19 n at the hour 2 :00 o P.M., the City Clerk and b Engineer of All plant, labor, services, materials and equipment (except as otherwise set forth in the specifications), and all utilities and transportation, including power, fuel and water, and performing all work 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 electri- cally driven, deep well, submersible type pumping unit, including concrete base, in Well No. 20 located on the south side of Romneya Drive, between West and Citron Streets, approximately 300 feet east of West Street, in the City of Anaheim, Work Order No. 1696, =l� 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 parti- cularly 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 adjourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adjourned regular meeting, held on the 21st day of Jul 19 59 at the hour of oaclock P.M., cons the' sealed pr submitted or a nishing 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 WINTROATH PUNiPS.pI1�I- OF WORTHING TON CORP. n or the construction, installation South M al if a and comp a ono sa nabove mentioned and described, was the owest responsib e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said WINTROATH PUMPS. DIVISION OF WORTHINGTON CORPORATION for furnishing all plant, labor, services, materials and equip- ment 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 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 ap for T and on behalf T y of the City P pp of which with hsa said ntract Pumps, and the 23rd�� day of July 19 9 9 and WHEREAS, the said WINTROATH PUMPS, DIVISION OF WORTHINGTON CORPORATION 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, designs, plans, profiles, drawings and specifications pre- pared by T orntQn E Pier5a11. Engineer and the contract ma and en into w ith it. by the City of Anaheim; and WHEREAS, the City Engineer 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 WINTROATII PUMPS, DIVISION OF WO RTH I NGTON CORPORATION and 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 completion should be filed and payment of the balance due said contractor'authorized in 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 per- formance of all work necessary to construct, install 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, 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 documents, That acceptance by the con- tractor 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 2nd day of _February...._, 19 60 ATTEST: Y EA F A TY AH EIM STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM 19 DENE M. WILLIAMS 9 City Clerk of the City of Anaheim, do hereby certi y that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Counci of the City of Anaheim, held on the 2nd day of February 19 60 9 by the following vote: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schuttth. 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 2nd day of February 9 19 60 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of February 9 19 60 (SEAL) 030