1973-022
RESOLUTION NO.
73R'!"22
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING tHE COMPLETION
AND THE FURNISHING OF ALL PL~T, LABOR,
SERVICES, MATERIALS AND EQUIPkENT AND ALL
UTILITIES AND TRANSPORTATION lNCLUDING POWER,
FUEL AND \'lATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT ~D COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT,. TO WIT:
THE WEST STREET SEWER IMPROVE~NT, FROM APPROXI-
MATELY 650 FT. SOUTH OF BALL ROAD TO WINSTON
ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO.
l243.
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 October 19 and
October 26 , 19 72 , a hot ice inviting sealed
proposals for furnishing the following:
All plant, labor, services, materia~s and equipment, and
all utilities and transportation, i~cluding power, fuel
and water, and performing all work ~ecessary 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 West Street sewer improvement, from approximately
650 feet south of Ball Road to Winston Road, in the
City of Anaheim, consisting of the construction of
approximately 667 L.F. of 8" V.C.P., 55 L.F. of 6"
V.C.P., manholes, trench resurfacing; 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, Work Order No. l243.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by the De artment of ublic Works
and the notice inv1t1ng sea ed proposa~s, w 1C sa1 not1ce
specified that sealed proposals as speoified in said notice would
be received up until 2: 00 0' clock P.M. of the 2nd day of
November ,l9 72 , and which said notice did state and
declare that, pursuant to the provisions of Section l770 of the
Labor Code, the City Council of the City of Anaheim had ascer-
tained the prevailing rate of w~ges for each type of l~b~r needed
to execute said contract, and d1d state that the preva111ng hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on November 2 ,19 72 , at the hour of
2:00 o'clock P.M., the City Clerk ~d the City Engineer of
the City of Anaheim did open said seal~d 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 ~rforming all work neces-
sary to construct and complete, _1n a ~od and workmanlike manner,
in strict accordance with the specific~tions, plans and drawings
therefor on file in the Office of the City Clerk of the City of
Anaheim, the public improvement herein~ove more particularly
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 meeiting, held on the 7th
day of Noveinber , 19 72, at the hour of 1: 30 0' clock
P.M., consider the sealed proposals submitted for furnishing 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 J. L. Scott Company,
517 So. Brookhurst, Anaheim, a orn1a
?or t e construct10n, 1nsta at10n an comp et10n 0 sa1
West Street sewer im rovement, sout of Ball Road to winston Rd.,
1n e C1 t 0 Ana e1m, Wor Or er ere1na ove mentioned
an escr1 ed, was t e owest respons1 e proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to said J. L. Scott Company
for furnishing all plant, labor,
services, materials and equipment and all utilities and transpor-
tation, 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 e~ecute a contract for and
on behalf of the City of Anaheim with J. L. Scott Com~any
wh1ch said
contract was duly made and entered into on the lOth day of
November , 19...1L; and
WHEREAS, the said J. L. Sc<?tt Company
has furnished all plant, labor,
services, materials and equipment and all utilities and trans-
portation, and performed all work nece$sary for the construction
and completion, in a good and workmanlike manner, in strict
accordance with the specifications, plans and drawings of said
public improvement as specified in the notice inviting sealed
proposals and in the detailed designs, plans, drawings, and
specifications prepared by the Depa{tment of Public Works
, and the contract made and entered into
with it by the City of Anaheim; and
WHEREAS, the Director of ublic Works
has duly certified to t e construct1on. an comp et10n 0
public improvement hereinabove mention.d and described,
ance with the plans and specifications and the contract documents
duly made and entered into with said J. L. Scott Company
; and
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with th$ provisions of the contract
and the contract documents, and that qotice of completion should
be filed and payment of the balance d4e said contractor authorized
in accordance with the contract documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all plant, ldbor, services, materials
and equipment and all utilities and transportation, and the
performance of all work necessary to donstruct, install and com-
plete, in a good and workmanlike mann$r, 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 herein-
above 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 con-
tractor for said work be paid to it thirty-five (35) days
from and after final acceptance of sa~d 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 contractor of said payments made in accord-
ance with said final estimate shall operate and shall be a release
to the city of Anaheim, its officers, agents a~d employees from
all claims and liabilities due the contractor tor 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 em-
ployees, excepting only claims against the City for amounts with-
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED ~at 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 l6th day of Januarv , 19-11-.
ATTEST:
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':ff1c .. 6, TH~'
ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORAN'GE ) ss .
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk! of the City of Anaheim, ~\
do hereby certify that the foregoing Re~olution No. 73R-22 was
passed and adopted at a regular meetingl of the City Council held
on the 16th day of January , 19 73 , by the following
vote of themembers thereof: ---,~_.-._.-
AYES: COUNCILMEN: Sneegas, Pebley, Thorn and Dutton
NOES: COUNCILMEN: None
ABSENT; COUNCILMEN: Stephenso~
AND I FURTHER CERTIFY that t~ Mayor of the City of
Anaheim approved and signed said resolu~ion on the 16th day of
January .__ _, 19 ~
IN WITNESS WHEREOF, I have he~eunto set my hand and
affixed' the seal of the City of Anaheim this 16th day of
January_______ _, 19 73
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 73R-22 duly
passed and adopted by the Anaheim City Council on January 16, 1973.
a~LJ~
City Clerk
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