1962-1109RESOLUTION NO 62R 1109
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: CONSTRUCTION OF A STORM DRAIN IN BALL
ROAD, FROM GILBERT STREET TO MAGNOLTA AVENUE
IN THE CITY OF ANAHEIM, JOB NO. 70$
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 9th and 16th da s of Ai,,st-
1 9 Fib a notice inviting sealed proposals for furnishing the ,p
following:
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 therefor on file
in the Office of the City Engineer or City Clerk of
the City of Anaheim, the following public improvement,
to wit: The construction of an 18 -inch to 51 -inch
reinforced concrete pipe storm drain, in Ball Road
from Gilbert Street to Magnolia Avenue, in the City
of Anaheim, including excavation and backfill,
construction of manholes, catch basins, junction
structures, and appurtenant work as more particularly
set forth in the plans and specifications on file in
the Office of the City Clerk or City Engineer, Job
No. 708,
in accordance with the designs, plans, profiles and specifica-
tions prepared by ttie Public Works Department
and the notice inviting sealed proposals, which said notice 9
specified that sealed proposals as specified in said notice would
be received up until 2 :00 o'clock Pa M. of the 23rd day
of Av >st 19 62 and which said notice did
state and declare 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 August 23 19 62 at the hour
of 2:00 o'clock P. M., the City Clerk and City Engineer of
=1
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 tLe City of Anaheim
at its next regular meeting, held on the 28th
day of August
ofclock F. M., consider the sealed proposals submitted
-2-
9 19 62 at th h
9 e our of3:00
for fur-
nlshlng the materlals and performing the work herelnabove more
particularly described and set forth, and did thereupon find and
COMPANY 9855 East Kale Str et S ut E t C
for the construction, installation and completion of said storT
drain in B 1 RA A 08
hereinabove mentioned and described, was the lc responsible
proposal submitted therefor and thereupon accepter i said bid and
did award a contract to said HOWARD SEWER CDMPANY
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 HOWARD SEWER COMPANY
which said contract was duly made and entered into on the 29th
day of August 9 19 62 an
WHEREAS, the said HOWARD SEWER COMPANY
has furnished all plant, labor, ser-
vices, 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
detailed designs, plans, drawings, and speoiiications prepared
by th Public Works Department and the contract made and
entered into with it by the City of Anaheim; and
WHEREAS, the_Director of Public Works 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 said110VoluaaaaLsamam___
and
■•■■•••■•12.mos
d id,
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-
7nce 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 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 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
26th day of December •2
ATTEST:
DENE M. WILLIAMS
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE as
CITY OF ANAHEIM
1 DENE M. WILLIANS
of Anaheim, do hereby certify that
introduced and adopted at a
vided by law of the City Council o
26th day of December
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 26th day of
December 9 1 9 6
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 26th day
of 1PrPmhpr 9 19 6
(SEAL)
NOES:
COUNCILMEN:: None
I -i
DEPUTY CITY CLERK
City Clerk of the City
the foregoing resolution was
regular meeting pro-
f the City of Anaheim held on the
9 1962 by the following vote:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons.
CITY CLERKOHE OF ANAHEIM
BY c�rz >77.
-3- DEPUTY CITY CLERK