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1960-6004RESOLUTION N0, 6004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMFLETION 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 BROOKEURST STREET SEWER IN± ROVE r, A 0 G T EAST SIDE OF BROOKHURST STREET FROM ORANGE AVENUE NORTHERLY APPROXIMATELY 00 FEET. JOB NO. 1181. 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 r on February 26 and March 4 1960 a notice .nvit ng sealed proposals for furnishing the folowing: in accordance with the designs, plans, profiles and specifica- tions prepared by Thornton E. siersall. City Engineer 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 o P.M. of the 10 day of March 1960 and which said no ce id state an ec are hat, 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 March 1Q 19(0 at the hour 2 :00 oflclock P.M., the City Clerk and City Engineer 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 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 im)rovoment, to wit: The Brook hurst Street :ewer Improvement, consisting of the constcluction of an 8 -inch V sewer lateral along the east side of Brookhurst Street from Orange Avenue northerly approximately 600 feet, in the City of Anaheim, including excavation, flooding and backfill, construction of 4-foot standard brick manholes, and appurtenant work as indicated on the plans, Job No. 1161; -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 the City of Anaheim did, at its next regular meeting, held on the 15th day of March 9 1 960 at the hour of 0 ur ooclock 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 BAR-ROC CONTRACTORS, INC., 12101 Garden Grove Boulevard, Garden Grove, Calif. for the construction, installation and completion of said Br� �st Stre t Sewer Improvement, Job No. 1181. hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said BAR -ROC CONTRACTORS, INC. 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 BAR -ROC y0NTR'CTOR` TNC_ which said contract was duly made and entered into on the 16th day of March 19 60 and WHEREAS, the said BAR -ROC CO THACTOk S, INC_ 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 BAR -ROC CONTRACTORS, INC. 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 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 10th day of M 19 60 y ATTEST: r., ,yl STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I9 D r wTr 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 Counci of the ity of Anaheim, held on the 10th day of May 9 1960 9 by the following vote: ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 1,Oth day of M4y fl 19 60 0 IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of May 19 60 (SEAL) AYES. COUNCILMEN« Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN None. _3- RK OF THE CI 0 A