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59R-5177 .", RESOLUTION NO. 5177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, HA- TERIALS AND EQUIPMENT 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 A.ND TN;{'Pt\T,T,Tlm IIN", ICT.ICCT1UCU1Y mnVfll1\T, DEEP WELL, TURBINE TYPE PHMPTNr,. HNH' ;N~~T, ~~ 19, AT THE SOUTHEAST CORNER OF LEWTS ST. AND "RUT, ROAD, WORK ORDRR NO lhll5 WHEREAS, the City Council of the City of Anaheim did oause to be published in a newspaper of general oirculation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the lOth and 17th davs of June~ 19~, a notice inviting sealed proposals for furnishing the following: 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 furnisG 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 Oi ty Engi.neer or City Clerk of the City of Anaheim, one electrically driven, deep well, turbine type pump- ing unit, including concrete base, in Well No. 19, located at the southeast corner of Lewis Street and Ball Road, in the City of Anaheim, California, Work Order No. 1605. .... in accordance with the designs, plans, prOfiles and specifica- tions prepared by George E.Holyoker City FJilginAAT' and the notice inviting sealed proposals, whioh said notioe speci- fied that sealed proposals as specified in said notice would be received up until 2:00 0' clock P.M. of the 3rd day of July , 19...22-, and which said notice did state and declare that, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for eaoh 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 "'5, , 19...5.8.., at the hour of o'clock P.M., the City Clerk and City Engineer of the 2:00 -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 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....2L, at the hour of 7:00 o'clook P.K., oonsider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more partioularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by WINTROATH PU~~S, DIVISION OF WORTHINGTON COP~ORATION, 1100 S. Meridian Ave., Alhambra, California for the construction, installation and completion of said electri- cally drive turbine type pumping unit in Well No. 19. Work Order#160~ hereinabove mentioned and described. was the lowest responsible proposal submitted therefor. and thereupon accepted said bid and did award a contract to said 'IlTN'l11WA'l'H PTTlVfPS f n i vi ~i ()l') of' WOY'tl-li ng_ ton Corporation 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 aocordance 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 exeoute a contraot for and on behalf of the City of Anaheim with Wintroath Pumps which said contract was duly made and entered into on the 11th day of Julv 9 19....5iL; and 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, in a good and workmanlike manner, in strict accordance with the specifications, plans. drawings, of said public improvement as specified in the notioe inviting sealed pro- posals and in the detail, design, plans, prOfiles. drawings and specifications prepared by George E. HQ~voke. City Engineer . and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the said 'wintroath Pump!'! WHEREAS, the CHy Enj"i neer has duly certified to the construction and completion of said p~blic improve- ment hereinabove mentioned and described. in accordance with the plans and speoifications and the contract documents duly made and entered into with said Wintroath Pumus ; and .......-.--.. WHEREAS. the City Council 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 in accord- ance with the contract documents. -2- -- NOW, THEREFORE, BE IT RESOLVED by the City Counoil of the City of Anaheim that all plant" labor, servioes, materials and equipment and all utilities and transportation, and the performanoe of all work necessary to construct. install and oomplete. in a good and workmanlike manner. in strict accordance with the specifioa- tions" plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto. said pUblic improvement hereinabove more particularly de- scribed and set forth. in the City of Anaheim, by said oontraotor, be. and the same are hereby accepted, subject. nevertheless. to all the terms. conditions and provisions of the contraot doouments. and that the balance due said contractor for said work be paid to it thirty~five (35) days from and after final aooeptanoe of said work as evidenoed by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notioe of oom- pletion~ exoepting only such sum or sums as may lawfully be withheld in acoordance with the provisions of said contraot and oontraot doouments. That aooeptance by the contractor of said payments made in aooordanoe 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 oontraotor 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 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 exeoute and file a notice of completion of said work as required by law. this THE FOREGOING RESOLUTION is approved and signed by me 21st day of Auril . 19....5.3.... ~ a 4 c;;~ MAYOR OF CITY OF ANAHEIM ATjll;ST: ~ /,//, -V~ CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUITY OF ORANGE ) ss. CITY OF ANAHEIM ) I. Deue~. Williams . City Clerk of the Oity of Anaheim. do hereby certify that the foregoing resolution vas intro- duoed and adopted at an adjourned regular meeting provided by law of the City Counoil of the City of Anaheim, held on the _21st da7 of Auril >> 19~p by the following vote: AYES: NOES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte OOUNCILMEN: None ,-- ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of . 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of .A,nril . 192L. /' /,' - ~ ~~~-THE~M -3- Ap"Y'i 1 ( SEAL )