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1955-2989RESOLUTION NO. 2989 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: DRILLING A 16" WATER WELL ON THE SOUTH SIDE OF WEST LA PALM AVENUE BETWEEN CITRON AND TEST STREETS, TO BE DESIGNATED "WELL NO. 8," TaRK ORDER NO. 1354. 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 Bulletin, on the 17th day and the 22nd day of June 19 55 a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equip- 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 accord- ance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the following public improvement, to wit: The drilling and completion of a 16 -inch water well on the south side of West La Palma Avenue between Citron and West Streets, in the City of Anaheim, to be designated "Well No. 8," as shown on the plot plan in detailed specifications on file in the Office of the City Clerk of the City of Anaheim, Work Order No. 1354. in accordance with the designs, plans, profiles and specifications prepared by George Oelkers, Superintendent of Light, Power and Water and the notice inviting sealed proposals, which said notice speci- fied that sealed proposals as specified in said notice would be received up until 7 :00 o'clock P.T. of the 28th day of June 1955 and which said notice did state and de- clare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertain- ed 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, at a regular meeting of the City Council held on the 28th day of June 1955 at the hour of 7:00 o'clock P.M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals received up to that time, for furnishing of all plant, labor, services, ma- terials and equipment, and all utilities and transportation, in- cluding 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 therefor on file in the office of the City Clerk of 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 Superintendent of Light, Power and Water for examination, tabulation and report to the City Council, and said Superintendent of L h_t, Power and Water did thereupon exa mine aria said sealed proposals and report the result of his tabulation to the City Council; and WHEREAS, the City Council did meet in regular session on the 28th day of June 19 55 at the hour of 7:00 oTclock P.M. to consider t e sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Su erintendent of LL�i Power and 'rater of the City of Ana e3m did thereupori make las report anisubmit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by Barber Brid -e DrillinL Coro. ,_Ltd. 020 Empire Avenue, Burbank' California for the construction, installation and completion of said 16 -inch water well, Work Order No. 13521, hereinabove mentioned and described was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said Barber Bridge Drillin1 Corp.,_ Ltd. for furnishing all plant, labor, services, materials and equip- 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 Barber rid Be Drilliri Corp. Ltd. which said contract was duly made and entered into on the 5th day of July 195; and WHEREAS, the said Barber -Bri dje Drilling Cora. Ltd. has furnished all plant, labor, services, materials and equip- ment 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 and 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 the Superintendent of Lipiht, Power and Water and the contract made and entered into wit Mby t e City of Anaheim; and WHEREAS, the Superintendent of Lio'ht, Power and Water has duly certified to tTie 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 Barber -ride Drillingi Corp., Ltd. and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particul- arly 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 accordance with the contract documents. 2- 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 ap purtenances thereto of said public improvement heretnabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same is 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 pro- visions of said contract and contract documents. That acceptance by the contractors of said payments made in accordance with said final estimate shall operate and shall 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 anythin 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 re- quired by law. THE FOREGOING RESOLUIICN was signed and approved by me this 8th day of November �9 55 ATTEST: CITY oLERK OF firE CITY OF ANAHEIM :7 MAY R OF T CI LY OF ANAHEIM 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 was adopted upon a final reading at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of November, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap- proved and signed said Resolution on the 8th day of November, 1955. IN WITNESS WOOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of November, 1955. (sAL) e r CITY CLERK OF THE CITY OF ANAHEIM