1960-5950RESOLUTION NO. 5950
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF
ORANGE FOR TESTING SOILS AND MATERIAL CONTROL
FOR ROAD CONSTRUCTION.
WHEREAS, the City of Anaheim is in need of assistance
in the conduct of testing soils and material control for road
construction; and
WHEREAS, the County of Orange, through its Highway
Department Laboratory, has available facilities and personnel
to make such necessary soil and control tests, and has offered
to make such tests upon request of the City; and
WHEREAS, the City Council finds that it would be to the
advantage and for the best interest of the City of Anaheim to
request the services of the County of Orange to make such tests
and to pay the County for said services; and
WHEREAS, the County of Orange has submitted a form
of agreement to be made and entered into by and between the City
and the County for the making of such soil and control tests
and outlining the manner in which payment shall be made, the
terms and conditions of which agreement the City Council finds
to be fair and reasonable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the agreement this day submitted to
the City Council by the County of Orange, to be made and
entered into by and between the City of Anaheim and said County
of Orange, wherein the County agrees to perform certain soil
and other tests necessary for road construction, upon the terms
and conditions set forth in said agreement and hereinafter set
forth, be and the same is hereby approved. That said terms and
conditions are as follows:
The County of Orange shall, upon written request
of the City of Anaheim:
1. Perform soil and other tests necessary to submit
an engineering opinion for recommendation of
pavement design.
2. Perform necessary soil tests to determine com-
pliance with relative compaction requirements.
3. Perform control tests necessary to assure
specified materials.
L. Submit the results of such tests in writing.
5. Submit its itemized billing to the City of
Anaheim for the cost thereof, including
administrative and overhead charges in
connection therewith.
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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
regular meeting; and
WHEREAS, the City Council of the City of Anaheim did,
at its next regular meeting, held on the 15th
day of December 9 19 59 9 at the hour of 00
o 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 WINTROATH PUMPS.
Division of Worthin ton Cor oration 1100 outh Mer di. h.mbra, Cali
or he construction, insta ation an comp e on o sa pumping
unit in Well No. 17. at Sunkist and Underhill Work Order No. 1717,
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said WINTROATH PUMPS, Division of
Worthington Corporation,
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 W introath Pups Qlvi s on of Worthington orpo at ion,
which said contract was duly made and entered into on t 16th
day of December 9 19 59 and
WHEREAS, the said Wintro th Pumps. Division of Worthing-
ton 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
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 Thornton E. Piersall, 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 im-
provement hereinabove mentioned and described, in accordance with
the plans and specifications and the contract documents duly made
and entered into with said Wtntroath Pumg. Division of Worth-
ington Corporation 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,
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 it thirty -five (35) days from and after
final acceptance of ii -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.
THE FOREGOING RESOLUTION is approved and signed by me this
12th day of or }1 9 1960
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
ID D
NOES: COUNCILMEN:: None.
City Clerk of the City
of Anaheim, do hereby oerti y that the foregoing resolution was
introduced and adopted at a regular meeting pro-
vided by law of the City Council o the City of Anaheim, held on the
12th day of April 19 60 by the following vote:
AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 12th day of
April 9 19 60
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 12th day
of April 19 60
fr
OF THE CI OF ANAHEIM
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