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1961-7041A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL LTILITIES 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 ELECTRIC- A..___. _v- D_�.' E S_ t B..E_TY'._ UNIT. INCLUDING CONCRETE BASE. IN WELL NO. 25 LOCATED IN THE PARKWAY ON THE SOUTH S DE. OF VERMONT AVENUE AP PROXIMATELY !t FT EAST OF THE CEI�TER- LINE OF OLIVE STREET, WORK ORDER NO. 1736 -A. 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 Gazette on June 2 th and Jul 1st 1960 a no ce nvit ng se aled proposa s or :urn .ng e folowing: RESOLUTION NO. 7041 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 electrically driven, deep well, submersible type pumping unit, including concrete base, in Well No. 25, located in the parkway on the south side of Vermont Avenue, approximately 438 feet east of the centerline of Olive Street, in front of the Anaheim Disposal Company Plant, in the City of Anaheim, Work Order No. 1736 -A; in accordance with the designs, plan: profiles and specifica- tions prepared by Thornton E. Piersall Cit .inee.___.._____. and the notice inv'.ting sea:ed proposa:.s, which said notice specified that sealed propos, =.ls as specified in said notice would be received up until 2 :00 cO clock P.M. of the 7th day of July 9660 and which said notice 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 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 7th 19 60 at the hour of 2:00 o °clock P.M., the City Clerk anity Engineer of alp 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, ailed 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 tc the City Council at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, regular meeting, held on the 12th day of July 19 60 at the hour of ooclock P,M consider the sealed proposals submitted or 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 EJMPS_ Division of Worthington C rp 1100 S, eridia v alif. for the construction, installation and comp le on o sa glectrically driven dee• well submer i.le ere' nabove mentioned and described, was t e owest responsi e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said WINTROATH PUMPS. Division of Worthinton Corporation at its next =IP INN or furnishing a.!. plant, .abor, services, ma er a s an equ p- 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 for and on behalf of the City of Anaheim with WINTROATH PUMPS Division of Worthin• ton .p which said contract was •u :y ma's an entere n o on •e .Jicth day of July 19 60 and WHEREAS, the said WINTROATH PUMPS Division Worth- ington Corporation has urn s e• a p an a abor, sery ces, 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, designa,plans, profiles, drawings and specifications pre- pared by Thornton E. Piersall; City Engineer and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director of Publ c has duly certified to the constr on an comp et on o sa 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 N Corporation 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- and on 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 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 thc,y are hereby authorized to execute and file a notice of completiwl of said work as required by law, THE FOREGOING RESOLUTION is approved and signed by me this day of July 9 19 b1 llth ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM 9 City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting pro- vided by law of the City Counci of the ity of Anaheim, held on the llth y day of July 19 61 9 by the following vote: (SEAL) AYES a COUNCILMEN a Chandler, Coons, Fry, Thompson and Schutte 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 llth day of July 9 1 9 61 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this llth day of .iu ly 19 61 0 _3-