57R-3958
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RESOLUTION NO. ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FIlIIA T.T.y ACCEPTHIG THE COMPLETION
AND THE FURNISHING OF ALL PLANT, LABOR, SER-
VICES, MA'DRIALS AND EQUIPMENT, AND ALL UTILI-
TUS AND 'J!IANSPOR'rATION, INOLUDING POWER, FUEL
AND WATER, AND PERFORMING ~ WORK NECESSARY
TO CONSTRUCT Al\lD COMPLETE TaE FOLLOWING PUBLIC
IMPROVEMElf'f': THE PURCHASE AND INSTALLATION OF
TWO ELECTRICALLY DRIVEN, DEEP WELL, TURBINE
TYl'E PUMPS, IN WELLS NO. 14 AND NO. 15, IN THE
CI'PY OF ANAHEIM, WORK ORDER NO. 1415.
WHR~S, the City Councilor the City or Anaheia did
rind and determine that public convenienoe and necessity required
the purChase and installation or two electrically driven, deep
well, turbine type pumping units, includin~ concrete bases, one
to be installed in Wen No. 14, located 365 reet South or the
o4tl)ter line or Weat La Palma Avenue and 135 rest West or the cen-
t~ line or West Street, in the City or Anaheim, and one to be
installed 1n Well No. 15, located on the West side or Placentia
A.enue, 850 f'eet South or Vermont Street in the Cit;r of' Anaheim,
Work Order No. 1415, in accordance with the designs, plana, pro-
f'ile. and specifications prepared by the Superintendent of' Light,
Power and Wahr of the City of Anaheimj and
WHEREAS, the City Council did f'urther find that the con-
tractor, in the furnishing of all plant, labor, services, materials,
and equipment and all utilities and transportation, including power,
f'uel and water, and performing all work necessary to install said
p~would be subject to the provisions of Section 1775, Sections
1810 to 1817, and Sections 1850 to 1854, inclusive, of' the Labor
Code of Calif'ornia, and all other provisions or said Code relating
to the perf'ormance of' said work, and would be required to pay to
every laborer or mechanic employed by it in the perrormance of' saidwark
not less than the per diem rate of wages for legal holidays and
overtime work theretofore establishedj and
WHEREAS, the City Council did meet in regular session on
the 11th day or June, 1957 at 7:00 P. M. to consider proposals sub-
mitted for rurnishing materials and performing the work hereinabove
more partioularly described and set rorth, and the Council did find
and determine that the orrer of Food Machinery & Chemical Corpora-
tion, Peerless Pump Division, was the lowest obtainable for the con-
struotion, installation and completion or said public improvement,
to wit: the purchase and installation or two electrically driven,
deep well, turbine type pumping units, including concrete bases, one
to be installed in Well No. 14 and one in Well No. 15, Work Order
No. 141$, hereinabove mentioned and more particularly described, and
thereupon accepted said orrer and did award a contract to said Food
Maehinery &: Chemical Corporation, Peerless Pump Division, for fur-
nishing 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 said public improvement, which said contract
was duly made and entered into in the 12th day or June, 1957j and
WHEREAS, said Food Machinery &: Chemical Corporation, Peer-
less Pump Division, has rurnished all plant, labor, services, mate-
rial. and equipment and all utilities and transportation, and per-
rormed all work necessary for the construction and completion, in a
good and workmanlike manner, of said public improvement, in strict
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accordance with the specifioations, plans and drawings prepared
by the Superintendent of Light, Power and Water and in accord-
ance with the contract made and entered into with it by the Oity
of Anaheia; and
WHEREAS, the Superintendent of Light, Power and Water
of the City of Anaheim has duly certified to the construction and
completion of said public improvement hereinabove mentioned and
described ~n accordamce with the plans and speoifications and the
contract doc..ents duly made and entered into with said Food
Machinery & ahe~ical Oorporation, Peerless Pump Division; and
WHEREAS, the City Council tinds that said contractor has
completed said public improvement hereinabove more particularly
de.oribed in accordance with the provisions of the contract and the
contract documents, and that notice of completion should be filed
aDd payment ot the balance due said contractor authorized in acoord-
ance with the contract documents.
HOW, 'l'H~BE, BE IT RESOLVED by the City Counoil of the
City of Anaheim that all plant, labor, services, materials and
equipment and all utilities and transportation, and the performance
ot all work necessary to construct, install and complete in a good
and workmanlike ~anner, in strict accqrdanoe with the specifications,
plans an4 drawings therefor on file in the office otthe Oity Clerk
ot the City of Anaheim, together with the appurtenances thereto, of
said public improvement hereinabove more particularly described and
set forth, by said contractor, be, and the same are hereby, aocepted,
subjeot nevertheless to all the terms, conditions and provisions of
the contract documents, and that 85% of the purchase price, or the
aaount due said contractor for said work, be paid to it forthwith,
and that the remaining 15% ot the amount due said oontractor be with-
held tor a period of thirty days from and atter the date ot the
filing of a notice ot completion ot said work by the City of Anaheim,
excepting only such sum or sums as may lawfully be withheld in accord-
ance with the proviSions ot said contract and contract documents.
That acceptance by the contractor ot 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 trom all claims
and liabilities due the contractor tor 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 Pro Tem and the
City Clerk of the City of Anaheim be, and they are hereby, author-
ized to execute and file a notice of completion of said work a8 re-
quired by law.
'l'HE
this 25th Clay
FOREGOING RESOLUTION is approved and signed by me
ot ,_, 1957. ~
MAYeS; fiio ~ OF AllAmu1i
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A'ftEST:
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SUTE OF CALIFORNIA )
COUI'IY OF OI.lNGl: )&5.
CITY OF AJWeDl )
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I, DElE M. WIIF_, City Clerk. of th:e City QfAnaheis,
do MDb.,. eet'tify that the foregoiAg leso1liLtioJ\ was duly passed.
and a.d.opted at a regular _etln.g of the Cl~ ".en of the City of
~h;, held on the 2ath day of Jvne, 1951,' by "th& followtag V(lte
of the meIlben thereof:
AYES: COUIICIIJIilh Coons, Fry, Sehvt te and Wisser
)I)ES: c:ot1ICIlMiJh None
ABSEJff: ClOlJJ(CI!.MENJ Pearson
AND I JltJR1HER CERnFY that the ~or Pro TUl of the
City of A.nu.1Il approved and $14- said R...ohtt1on on the 25th
of J~, 1957. "
IN WITNESS IHEllEOF, I have he%eW\to set 1ff:'/ hand and
affixed t.heseal of the City of ABaheim thb ... day of June, 1957.
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