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56R-3471 - RESOLUTION NO. 3471 A RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT ~ LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER~ FUEL AND WATER ~ AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: FURNISHING AND INSTALLING TWO ELECTRICALI;Y DRIVEN ~ DEEP WELL, TURBINE TYPE PUMPS, IN WELLS NOS. 9 and la, IN THE CITY OF M~AHEIM, WORK ORDER NO. 1415 WHEREAS, the City Council of the City of Anaheim did oause to be PUblished in a newspaper of general ol~oulation~ printed, pUblished and circulated in the Oity of Anaheim, to wit: The Anaheim Bulletin, on the 28th day of May and 5th day of June , 19 56 ,a notice inviting sea1e~ proposals for furnishing the following: All plant, iliabor, services, materials and equipment, 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 striot accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer of the City of Anaheim, two electrically driven, deep well~ turbine type pumps, one to be installed in Well No.9 on Lot 98 of Tract 180), near 940 Kenmore Street~ and one in Well No. 10 at the Southeast corner of Orange Avenue and Trident Street, in the City of Anaheim, Work Order No. 1415. in accordance with the designs, plans, profiles and specifications pre- pared by Geor~e E. Holvoke. City En~ineer and the notice inviting sealed proposals, which said notioe speoified that sealed proposals as speoified in said notice would be reoeived up until 7:00 o'olook P.M. of the 12th day of June , 19 '56 , and which said notice did state and deolare 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 each type of labor needed to execute said contract and did set forth the prevailing hourly wage scale so ascer- ,,,- tained; and WHEREAS, at a regular meeting of the City Council held on the 12th day of June , 19 56 , at the hour of 7:00 o'clook P.M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals reoeived up to that time, for furnishing of all plant, labor, services, materlals,and equipment, and all utilities and transportation, inoluding power, fuel and water, and per- -1- - forming all work necessary to construct and complete, in a good and workmanlike manner, in strict aocordanoe with the speoifioations, plans and drawings therefor on file in the office of the Oity Clerk ~" of the City of Anaheim, of the public improvement hereinabove more partioularly desoribed and set forth; and WHEREAS, the City Council did thereupon refer said bids to the City Engineer and. Supt. of Light,Power & Water for examination tabulation and report to the Oity Council, and said City Engineer and SUDerintendent did thereupon examine and tabulate said sealed proposals and report the result of his tabulation to the City Oouncil; and WHEREAS, the City Council did meet in adjourned regular session on the 19th day of June , 19 56 ,at the hour of 7:00 o'olock P.M. to oonsider the sealed proposals submitted for furnishing materials and performing the work hereinabove mor~ particularly described and set forth, and the City Engineer & Supt. of Light,Power & Water of the City of Anaheim did thereupon make his report and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submi tted by EIl'iSCO MANUFACTURING CQl.1PANY dba Johnston Pump Company for the construction, installation and completion of said two eleotrically driven.deeD well. turbine type pumps ,in Wells Nos. 9 and lO,Work Ord.14l5 hereinahove mentioned and described was the lowest responsible pro- posal submitted therefor, and thereupon aooepted said bid and did award a oontract to saidEMSCO 1~}mFACTURING COMPA1~ dba Johnston Pump Co. 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 said public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the Oity Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim withD4SCO r~UFACTURING COMPANY, doing bU$lnes8 as Johnston Pump Comoany , which said contract was duly made and entered into on the 27th day of June 19...1L; and WHEREAS, the saidEMSCO I~JUFACTURING COMPANY, dba Johnston Pump Co. has furnished all plant, labor, services, materials and e~uipment 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 speoifications prepared by George E. Holyoke, City Engineer , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said pUblic improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said EMSCO HANUFACTURING COMPANY, dba JOHNSTqN SD'IlC PUl{P CO~~ANYj and WHEREAS, the Oity Council finds that said contractor has oom- pleted said public improvement hereinabove more particularly described -- in aooordance 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 acoordance with the contraot documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment -2- _. ~. - and all utilities and transportation, and the performanoe of all work neoessary to oonstruot, install and oomplete, in a good and workmanlike manner, in striot aooordanoe with the speoifications, plans and drawings therefor on file in the offioe of the City Clerk of the City of Anaheim, together with the appurtenanoes thereto of said public improvement hereinabove more parti~ularly desoribed and set forth, in the City of Anaheim, by said con- tractor, be, and the same is hereby, aooepted, subJeot, neverthe- less, to all the terms, conditions and provisions of the contraot documents, and that the balanoe due said oontractor for said work be paid to it thirty-five (35) days from and after final aooeptance of said work as evidenoed by the adoption of this re,olution, but not sooner than thirty (30) days after the date of the filing of notice of oompletion, exoeptingonly suoh sum or sums as may lawfully be withheld in aooordance with the pro- visions of said oontraot and contraot doouments. That aooeptanoe by the oontraotor of said payments made in aocordance with said final estimate shall operate and shall be a release to the Oity of Anaheim, its offioers, agents and employees from all olaims and liabilities due the contraotor for anything done or furnished or withheld or for anything relating to the work or any aot or neg- leot of the Oity, its officers, agents and employees, exoepting only olaims against the City for any amounts withheld by the City at the time of such payment. AND BE IT FURTHltR 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 was signed and approved by me this 11th day of Sept~ber , 19 56 . (~}~~2 ~ ~ MAYOR OF THE CITY OF ANAHEIM ~, ATTEST: L~ 4J:~~ ..0 aIT OL OF THlll 01 or ANAHEIM -,.. 8m OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF A.NAHEIM ) ,,~ I, DENE M. WilLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was adopted upon a final reading at a regular meeting of the City Council of " 'the City of Anaheim, held on the 11th day of September, 1956, by the following vote of the members thereof: AYES: COUNCn.MEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: ABSENT : COUNCILMEN: None. COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim a.pproved and signed said Resolution on the lith day of September, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of September, 1956. ~ hi 2~ . CITY ClDK OF THE CITY OF '~.-I (SEAL ) -.,