63-0576RESOLUTION NO. 63R
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: THE LEMON STREET SEWER IMPROVEMENT
FROM APPROXIMATELY 548 FEET NORTH OF ORANGE
THORPE AVENUE TO APPROXIMATELY 1349 FEET NOS°
B
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 April 4 and 11
19 63 a notice inviting sealed proposals 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 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 improve-
ment, to wit: The Lemon Street Sewer Improvement, consist-
ing of the construction of an 8 -inch V.C.P. sewer line in
Lemon Street, from approximately 548 feet north of Orange
thorpe Avenue to approximately 1349 feet north of Orange
thorpe Avenue, in the City of Anaheim, including excavation
and backfill, jacking of a 22 -inch I.D. steel casing, con-
struction of manholes, A.C. pavement and appurtenant work
as more particularly set forth in the plans and specifica-
tions on file in the Office of the City Clerk or City
Engineer, Job No. 1263.
in accordance with the designs,_ plans profiles and specifica
tions prepared by the Public Works D epartment 9
and the notice inviting sealed proposals, which said notice
specified that sealed proposals as specified in said notice would
be received up until 2 :00 ofclock P. M. of the 18th day
of April 1963 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 Aril 18 19 63 9 at the hour
of 2:00 ovclock P. M., t he City Clerk and City Engineer of
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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 tae City of Anaheim did,
at its next regular meeting, held on the 23rd
day of April 19 63 at the hour of 3:00
oVclock P, M,, consider the sealed proposals submitted for fur-
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 SCOTT BROS.
C :liforni
for the construction, installation and completion of said Lemon
Street Sewer Improvement„ Job No. 1263.
hereinabove mentioned and described, was the lowest responsible
proposal submitted therefor, and thereupon accepted said bid and
did award a contract to said SCOTT BROS. CONSTRUCTION
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 SCOTT BROS. CONSTRUCTION
which said contract was duly made and entered into on the 25th
day of April 19 63 any
WHEREAS, the said SCOTT BROS. CONSTRUCTION
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 speLiii.cations prepared
by the 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 said SCOTT BROS. CONSTRUCTION
and
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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 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
9th day of July 63
ATTEST
STATE OF CALIFORNIA
COUNTY OF ORANGE ss,
CITY OF ANAHEIM
I DENE M. WILLIAMS
9 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 City of Anaheim held on the
gil day of July s 19 63 9 by the following vote:
ABSENT: COUNCILMEN: Schutte
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 9th day of
July 9 1963
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Anaheim this day
of July 19 6 3
(SEAL)
NOES: COUNCILMEN:: None
AYES: COUNCILMEN: Dutton, Chandler, Krein and Coons
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OF THE ITY OF ANAHEIM