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59R-5176 RESOLUTION NO. 5176 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 EQ,UIPMENT 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: ~IsHIBq ANn TNS'I'lT,T.nn om: lGT.JiH1'I'RTl"lATj'Y nllTVlillT. Tl1l!1l!P W1l!TL, 1m: !YP.I PUMPING DI!, IN dLL EO. 1, , nr THE VIOINITY OJ' OlWlGE J.VE, .AND AGM'E ST.. WORK ORDER NO. 1604. WHEREAS, the City Council of the City of Anaheim did oause 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 ot June , 19~, a notice inviting sealed proposals for furnishing the following: All plant, labor, services. materials and equipment (ezcept as otherwise set forth in the spefifications), 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 electrtcallr driven, deep well, turbine type pumping unit, including concrete base, in Well No. 18. located in the Ticinity of Orange Avenue and Agate Street, in the City of Anaheim, California, Work Order lio. 1604, in accordance with the designs, plans, profiles and speoifica- tions prepared by GeQr.l!8 ]I:' HoJyt>r.. Cit.y Ljiin....,. and the notice inviting sealed proposals, whioh said notioe speoi- fied that sealed proposals as speoified in said notice would be received up until -Z;OO 0' olock P.M. of the 3rd day of J~ , 19 .58 , 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 asoertained the prevailing rate of wages for eaoh type of labor needed to exe- cute said oontraot and did set forth the prevailing hourly wage scale so asoertained; and WHEREAS, on July}, , 19...2L, at the hour of 2:00 ololock P.M., the City Clerk and City Engineer of the -1- "'-'..."_"......,__. .""'" ._'''.''_''''~.'.;' "_,~,,,"_'_'. "_'__'~"~.'_"._W-' ."',,......"..._..d.~."_ ~=.-..~-=-_ ^--~-- ,,~ 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 neoessary to oon- struot and complete. in a good and workmanlike manner, in striot acoordance with the specifications, plans and drawings therefor on file in the Offioe of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly desoribed 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 Counoi1 at its next -eo 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 . 192!!.-., at the hour of 7:00 o'c1ook P.M., 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 Pwans. DiThion of \forthi~nn CorpA1lJItion. 1100 South Meridian ATenue, Alhambra, Oalifornia. for the construotion. installation and completion of saidDeep well turbine type pu:a-piJIg unit in well No. 18, Work Order 1604. hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said Wintroath Pumps, Division of Worthington COl"lloration 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 exeoute a oontract for and on behalf of the City of Anaheim with Wintroath Paape, DiTision of Worthington Corporation. which said contraot was duly made and entered into on the 11th day of JulY' . 19~; and ~~ WHEREAS. the said Wintroath P\1.mpe. DiTision of Worthi~ton Corpo,.A.tinl'l has furnished all plant, labor, services. materials and equipment and all utilities and transportation, and performed all work neoessary for the con- struction and completion. in a good and workmanlike manner, in strict aocordance 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 speoifications prepared by Geore:e E. Holyoke. Cih Enp'ineer . and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the City IJ:lJI:ineer has duly oertified to the construotion and completion of said pUblic improve- ment hereinabove mentioned and desoribed, in accordance with the plans and specifications and the contract documents duly made and entered into with said Wintroath Pumlls. Division of Worthini't.ftn Cn,.pn....t.i".. ; and WHEREAS, the City Counoil finds that said contraotor has completed said pUblic improvement hereinabove more particularly de- scribed in aocordance with the provisions of the oontraot and the contract documents, and that notice of oompletion should be filed and payment of the balance due said contractor authorized in aocord- ance with the contract documents. -2- - NOW, THEREFORE, BE IT RESOLVED by the Oity 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 accordance with the specifica- tions. plans and drawings therefor on file 1n the Office of the City Olerk of the City of Anaheim. together with the appurtenanoes thereto, said public improvement hereinabove more partioularly 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. condltions and provlslons 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 contract and oontract 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 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 execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 21st day of April , 19~o ~, Ro/~ MAYOR 0 THE CITY OF ANAHEIX . AT~ST : *1Y Ci2~F ;~~~AHEIM STATE OF CALIFORNIA ) COUliTY OF ORANGE ) ss. CITY OF ANAHEIM ) I>> Dene M. WillilllllS , City Clerk of the Oi ty of Anaheim, do hereby oertify that the foregoing resolution vas intro- duced and adopted at an adjourned regular meeting provided by law of the City Council of the City of Anaheim, held on the 21st d&7 of A,pril , 19~p by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte NOES: COUNCILMEN~ None ,..r'- ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the C1 ty of Anaheim approved and signed said resolution on the 21st day of , 19-22... IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Oi ty of Anaheim this 21st day of . Atlrll ~ 19~. '1',....., ( SEAL ) /, d1= ;~ -7# ~ CITY CLERK OF THE OITY OF AlAHEIX -3-