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58R-4449 ,- - RESOLUTION NO. 4449 - ."..-.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AfWIEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PlANT, LaBOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTIL- ITI:ES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC nlPROVEMENT. FO' ISHING o CTRI , ~, the City Council of the City of Anaheim did cause to be pub- lished in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wits The Anaheim Bulletin, on the 24th a.:I or Sept. a,pd +-t da.y or October , 19 '57 , a notice inviting seal pro- posal. or. furnishing the followings All plant, labor, services, materials and equipment (except as otherwise set rorth in the specirications), and all utilities and transportation, including power, rue1 and water, and perrorming all work necessary to fUrnish and install in a good and workmanlike manner, in strict accordance with the specirications, plans and drawings thereror on rile in the Orrice or the City Engineer or the City Clerk or the City or Anaheim, one electrically driven, deep well, turbine type pumping 1.1Dit, including concrete base, in 'Well No. 12, located 115 reet south or the center line or Glencrest Avenue and 209 reet west of the center line or Cambria Street, in the City of Anaheim with credit allowance ror exist- ing pump in well, 'Work Order No. 1526, in accordance with the designs, plans, profiles and specifications prepared by G,orae Eo. Hoh"oke. City 1nll~,e:f and.the notice inviting sealed p1"Opoals, which said notice speci 1 that sealed propoaals as specified in said notice would be received up until t:~ o' clock P. M. of the 8~h day of October , 19.JL, and 1Ih c said notice did state and eclare 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 ~ of'labor needed to execute said contract and did set forth the pre- __ "..-... vailing hourly wage scale so ascertained; and WHEREAS, at a regular meeting of the City Council held on the ~th day ot Octo~er , 19~7 , at the hour at 7:00 olclock P. M. at said date, sai City Council id hold a public hearing for the purpose of opening sealed proposals received up to that time, for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, in- cluding power, fuel and water, and perfOrming all \'fOrk necessary to construct and -1- - .-.,,-~' complete, in a good and workmanlike manner. in strict accordance with the speci- fications, plans and drawings therefor on file in the office of the City Clerk ~ the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREAS, the City Council did thereupon refer said bids to the 01 ty lfi1J:1eer for examination, tabulation and report to the City Cou~ and sai City ~1Deer did thereupon examine and tabulate said sealed pro- posals and report tne result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the Rt:h day of October ,1957, at the hour of7:00 o'clock P. )(. to consider the sealed proposals submitted for furnishing materraIS and performing the work hereinabove more particularly described and set forth, and the Oi t~En~iDe.r of the City of Anaheim did thereupon make his repo an sub~~t his tabulation of said sealed proposals, and the City Council did thereupon End and determine that the sealed proposal submitted by FOOD 1a.OHIN- ERY AID CHEMICAL CORPORATION. PRRRT.RSS PUMP DIVISION 301 West Avenue 26, Loa ADieles 31, Call1'orn1a for the construction, instailation and com- pletion of said PUMPING UlfIT IN WT.T. NO. 12. WORK ORDER NO. 11)26 hereinabove mentioned and des- cribed was the lowest resnonsib1e nronossl submitted therefor, and thereupon ac- cepted said bid and did award a contract to said FOOD MACHINERY AND CHEMICAL CORPORATION. PlERLESS PUMP DIV. 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 accordance with the specifications, plans, and drawings, the sa'd 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 for and on behalf of the City of Anaheim with FOOD MACHIIERY Al~D CHEMICAL CORPORATION. PEERLESS PUMP DIVISION lI'hich said contract was dul,y made and entered into on the 14th day of October , 19~; and lfHEREAS, the said FOOD MACHINERY AND CHEMICAL CORPORATION. PEERLESS PUMP DIVISION 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, design, plans, profiles, drawings and specifications prepared by Geor~e E. Holyoke. City Enp;ineer , and the contract made and entere~ into with it by the City of Anaheim; and WHEREAS, the Ci ty Enp;ineer the construction and completion of said public and described in accordance with the plans and documents duly made and entered into with said RATIO>>. PEERLESS PUMP DIVISION ; and has duly certified to improvement hereinabove mentioned specifications and the contract FOOD MACHINERY AND CHEMICAL CORPO- 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 com- pletion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. '"",,---,,~ NOW, THEREFORE, BE IT H'&SOLVED 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, in strict accordance with the spe- cifications, plans and drawings therefor on file in the office of the City Clerk of the City of An~leim, together with the appurtenances thereto of 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, -2- -. ---- -- nevertheless, to all the terms, conditions and provisions of the contract docu- ments, 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 complption, 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 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 lia- bilities 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. day of THE FOREGOING F.ESOLUTION is signed and approved by me this APfil ' 19 ~8 . 1st ,. /- ';J/ t-' ~~ A' ~~ ;;;;- (.._- =-.? c7~?~ MA o1? THE CITY OF ANAHEnt- ATTEST. ~~4~~~- - C K OF THE CITY 0 IM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. I, DENE M. WILLIAMS , City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at an adjourned regular meeting of the City Council held on the 1st day of - April , 19....:S!L, by the following vote of the members thereof. AYES, COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUNCILMEN: None ABSENT. COUNCILMEN, None AND r FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 1st day of April , 19..2L-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of April, 19-5fL. ----...~ ~~~. ~ .- .ala. - cr C OF THE CITr OF ANAIiitU (SEAL) -3-