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1954-2544C .use to printed, The Anahe and the sealed pr RESOLUTION NO. 254. ESOLUTION OF THE CITY COUNCIL OF THE CITY OF y_.` AHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT LABOR, SERVICEa, 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 IMPROVEIMENT: FURNISHING AND INSTALLING ELECTRICALLY DRIVEN, DEEP WELL, TURBINE�TY mo' E TJ I MITS, AND 2 ENGINE DRIVEN, DEEP WELL, TURBINE TYPE PUMPING UNITS, W. O. #1275. WHEREAS, the City Council of the City of Anaheim did be published in a newspaper of general circulation published and circulated in the City of Anaheim, to wit: im Bulletin, on the 10th_ day of December 16th day of December, 1953_, ilbsdx a notice invitin_: oposals for furnishing the following: All plant, labor, 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, on La Palma Avenue between Citron and West Streets, three (3) electrically driven, deep well, turbine type pumping units equipped with electric motors manufactured by U.S. Electric Motors, Inc., and two (2) engine driven, deep well, turbine type pumping units with Waukesha, Model 6- WAKBU, natural gas and butane engines, all as set forth in Revised Specifications No. 5320B prepared by Quinton Engineers, Ltd. and on file in the Office of the City Clerk of the City of Anaheim, Work Order No. 1275. in accordance; with tre designs, plans, pro7Ciles and s prepared by Quinton Engineers, Ltd. and the notice inviting sealed proposals, which said notice specified that sealed proposals &s specified in said notice would be received up until 8:00 o'clock P.M. of the 22nd day of December 19 53 and which said notice did state and declare that, pursuant to the provisions of Section 1770 of tLe Labor Code, the City Council of the City of Anaheim had ascertained the pre- vailing 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 22nd day of December 19 54 at the hour of 8:30 o'clock P.M. of said date, said City Council did hold a public hearing for the purpose of opening sealed proposals re- ceived up to that time, for furnishing of all plant, labor, servi- ces, materials and equipment and all utilities and transportation, including power, fuel and ater, and performing all work necessary -1- 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 Light, Power and Water did thereupon examine and tabulate 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 12th day of January, 195L, at the hour of 8 :00 o'clock P.M. to consider the sealed proposals submitted for furnishing materials and performing the work hereinabove more particularly described and set forth, and the Superintendent of Light, Power and 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 pro- posal submitted by PEERLESS PUMP DIVISION, FOOD MACHINERY CHEMICAL CORPORATION, 301 WEST AVENUE TWENTY -SIC, LOS ANGELES 31, CALIFORNIA, for the construction, installation and comple- tion of said public improvement, to wit: Furnishing and in- stalling electrically driven and engine driven, deep well, turbine type pumping units, W.O. #1275, hereinabove mentioned and described,was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a con- tract to said Peerless Pump Division, Food Machinery Chemical Corporation 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 con- struct and complete, in a good and workmanlike manner, in strict accordance with the design, plans, profiles, drawings and/or specifications, 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 Peerless Pump Division, Food Machinery Chemical Corporation, which said con- tract was duly made and entered into on the 13th day of January, 1954; and WHEREAS, the said Peerless Pump Division, Food Machinery Chemical Corporation 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 manner in strict accordance with the designs, plans, profiles and specifications of said public im- provement as specified in the notice inviting sealed proposals and in the detail, design, plans, profiles, drawings and specifications prepared by Quinton Engineers, Ltd., and the con- tract made and entered into with them by the City of Anaheim; and WHEREAS, the Superintendent of Light, Power and Water has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in ac- cordance with the plans and specifications and the contract documents duly made and entered into with said Peerless Pump Division, Food Machinery and Chemical Corporation; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly 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 author- ized in accordance with the contract documents. -2- NOW THEREFORE, BE IT RESOLVED by the City Council of tine 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 hereinabove 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 him 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 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 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 RESOLUTICN was signed and approved by me this 13th day of October 19 ATTEST: CITY CLERK OF THE CITY OF NAHEIM MAYOR OF THE CITY OF ANAHEIM '\`'N, STATE OF CALIFORNIA COUNTY OF ORANGE s s CITY OF ANAHEIM I, DET:E M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 13th day of October, 1954, by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte and Van Wagoner. NOES: COUNCILMEN: None. ,ABSENT: COUNCILMEN: Wisser. AND I FURTHER CERTIFY THAT the Mayor of the City of Anaheim approved and signed said Resolution on the 13th day of October, 1954. IN WITNESS WMEP.EOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of October, 1954. SEAL) CITY CLERK OF THE CITY OF ANAHEIM