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1955-3019RESOLUTION NO. 3019 A 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 UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE PURCHASE AND INSTAL- LATION IN WATER WELL NO. 8 OF A DEEP WELL TURBINE PUMP, WORK ORDER NO. 1372. WHEREAS, the City Council of the City of Anaheim did find and determine that public convenience and necessity re- quired the purchase and installation, in Water Well No. 8 owned by the City of Anaheim, of a Fairbanks- Morse, Figure 6922, Deep Well Turbine Pump with a capacity of 2,000 gallons per minute at 220' TDH, 220' setting, in accordance with the designs, plans, profiles and specifications prepared by George F. Oelkers, Superintendent of Light, Power and Water of the City of Anaheim; and WHEREAS, the City Council did further find that the contractor, in the furnishing of all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work neces- sary to install said pump would be subject to the provisions of Section 1775, Sections 1810 to 1817, and Sections 1850 to 1854, inclusive, of the Labor Code of California, and all other provisions of said Code relating to the performance of said work, and would be required to pay to every laborer or mechanic employed by it in the performance of said work not less than the tier diem rate of wages for legal holidays and overtime work theretofore established; and WHEREAS, the City Council did meet in an adjourned regular session on the 3rd day of October, 1955 at 11 :00 o'clock A.M. to consider proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Council did find and determine that the offer of Water Well Supply, Inc., doing business as Orange County Pump Company, was the lowest obtainable for the construction, installation and completion of said public improvement, to wit: Purchase and installation, in Water Well No. 8 of a deep well turbine pump, Work Order No. 1372, here inabove mentioned and more particularly described, and there- upon accepted said offer and did award a contract to said Water Well Supply, Inc., doing business as Orange County Pump Company, 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, which said contract was duly made and entered into on the 1st day of November, 1955; and WHEREAS, said Water Well Supply, Inc., doing busi- ness as Orange County Pump Company, 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 man- ner, of said public improvement in strict accordance with the specifications, plans and drawings prepared by George F. Oelkers, Superintendent of Light, Power and Water, and in accordance with the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Superintendent of Light, Power and Water of the City of Anaheim has duly certified to the con- struction and completion of said public improvement here inabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said Water Well Supply, Inc., doing busi- ness as Orange County Pump Company; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more par- ticularly 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 docu- ments. NOW, TH: REFORE, 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 performance of all work necessary to construct, in- stall and complete in a good and workmanlike manner, in strict accordance ,with the specifications, plans and drawings there- for on file in the Office of the City Clerk of 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, accepted, subject nevertheless to all the terms, conditions and provisions of the contract documents, and that 85% of the purchase price, or the amount due said contractor for said work, be paid to it forthwith, and that the remaining 150 of the amount due said contractor be withheld for a period of thirty days from and after the date of the filing of a notice of completion of said work by the City of Anaheim, excepting only such sum or sums as may lawfully be withheld in accord- ance with the provisions of said contract and contract documents. That acceptance by the contractor of said pay ments 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, ex- cepting 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, 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 22nd day of November, 1955. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM. -2- RO TEM 0 THE CIT STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution No. 3019 was adopted upon a final reading at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of November, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: Fry, Schutte, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMAN: Pearson. AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said resolution on the 22nd day of November, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of November, 1955. (SEAL) 1 CITY CLERK OF THE CITY OF ANAHEIM