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1960-5794RESOLUTION NO. 5794 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 NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT o- FURNI SH .1'1L AND INS ,L INCa ONE ELECTRI- CALLY DRIVEN. DEEP WELL, STJP,MERSTRT.F TYPE. PTIMR- ING UNIT. INCLUDING CONCRETE RASE.. IN WFT.I_ Nn 26 N HEW T rFT\T s ►C ►T CITY OF ANAHEIM. WORK ORT)Eq NO. 16q c; 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 he 2n 19 59 a notice inviting sealed proposa s or urn s ng e folioowing: -1- All plant, labor, services, materials and equipment (except as otherwise set forth in the specificatons), 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 pump- ing unit, including concrete base, in Well No. 26, located on the west side of Placentia Avenue, between Orangethorpe Avenue and La Jolla Street, approximately 560 feet north of La Jolla Street, in the City of Anaheim, Work Order No. 1695, in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E Piersall,. City engineer and the notice inviting seale proposals, whic said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o °clock P.M. of the day of JJuu11vv 19 q and which said noceid state anUdclare 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 .T l y 16 D 1 9 rya at the hour 2 ouclock P.M., the City Clerk and City Engineer of 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, and 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 to the City Council at its next adjourned regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next adjourned regular meeting, held on the 21st day of Jul 19 Sq at the hour of :77 ogclock 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 FAIRF3aK P ORSE CO South S.to Street L A e_ s C or the construction, instal ation an PUMP 1' 1t? 1 r ere nabove mentioned and described, was the lowest responsib e proposal submitted therefor, and thereupon accepted said bid and did award a contract to said FATRRANKS, MORSE cn_, Lr35 South Soto Street, Los Angeles. California 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 FAIRBANKS, MORSE CO. which said contract was duly made and entered into on the '2Lth day of July 19 C) and WHEREAS, the said FAIRBANKS. MORSE C has furnished all plan, 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 specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed proposals and in the detail, designs, plans, profiles, drawings and specifications pre- pared by T' ornt E_ Pi .r v Engineer and the contract made n e and entered into wit it by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said 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 FAIRBANKS. MORSE CO. and 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- 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 thirty -five (35) days from and after final acceptance of sa 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 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 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 they are hereby authorized to execute and file a notice of completion of said work as required by law. ATTEST: (SEAL) THE FOREGOING RESOLUTION is approved and signed by me this nd day of February 9 19 60 C'Ja. TY CLERK OF THE C ITY OF ANAHEIM' STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I9 DENE M. WILLIAMS 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 Council of the it of Anaheim, held on the 2nd day of February 9 1 9 60 by the following vote: AYES: COUNCILMEN Coons, Fry, Pearson, 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 2nd day of February 9 19,.0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of February 19 60 _3- C O THE CITY F ANAHEIM