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1965-344RESOLUTION NO. 65R 344 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 THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE BROOKHURST STREET SEWER IMPROVEMENT FROM APPROXIMATELY 264.83 FEET NORTH OF CATALINA AVENUE TO APPROXIMATELY 1.97 FEET NORTH OF CATALINA AVENUE, IN THE CITY OF ANAHEIM JOB NO 1307. 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 4th and llth da s of Februar 19 6� a notice inviting sea e• proposa s or furnishing t e 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 Brookhurst Street Sewer Improve- ment, consisting of the construction of 8 and 6 -inch V.C.P. sewer lines in Brookhurst Street, from approxi- mately 264.83 feet north of Catalina Avenue to approxi- mately 71.97 feet north of Catalina Avenue, in the City of Anaheim, including trenching, backfill and flooding, construction of 8" x 6" wyes, manholes, 3 inches of asphaltic concrete over 4 inches of aggregate base, 2 inches of asphaltic concrete and tight sheeting, 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. 1307. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De•artment and the notice inviting sealed proposa s, w is sai• notice specified that sealed proposals as specified in said notice would be received up until 2.00 o'clock P.M. of the 18th day of February 19 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 ascer- tained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on February 18 19 65 at the hour of 2:00 o clock P.M., the City Clerk and the 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, in- cluding 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 there- for on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove 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 meeting, held on the 23rd day of Februar 19 65 at the hour of 1:30 o'clock P.M., conside 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 E. L. SELLARS CO., 1542 Cbris Place, Anaheim, California for the construction, installation and completion of said Brookhurst Street sewer improve- ment hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said E L. SELLARS CO. for furnishing all plant, labor, ser- vices, 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, the said pub- lic 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 E. L. SELLARS CO. which said contract was duly made and entere• into on the 25 day of February 1 9 65 and WHEREAS, the said E. L. SELLARS CO. 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 speci- fications, 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 puhlic_ Works Department and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the Director Qf Euhlic Works has duly certified to the construction and completion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said an WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed 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 accordance with the contract documents. -2- NOW, THEREFORE, BE IT RESOLVED oy the City ennncil of the City of Anaheim that all plant, labor, service,. -..,teria and equipment and all utilities and transportation, anA ehe pe formance of all work necessary to construct, instal) and con,, in a good and workmanlike manner, in strict accordance with th; specifications, plans and drawings therefor o file in the of the City Clerk of the City of Anaheim, together with 1 appurtenances thereto, said public improvement hereinabove e.mre particularly described and set forth, in the City of Ananei-n by said contractor, be, and the same are hereby acre subje(1', nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contrtor flr said work be paid to IT thirty-five (35 days from ard aftez final acceptance of said work as evidenced by rtr. Adopti-r- of this resolution, but not sooner than thirty Y30) days ,After the date )f the filing of notice of completion, excepting only sn:h sum or sn-ps 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 sail final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities the the contractor for anything done or furnished lr withheli 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 II FURTHER RESOLVED that the itayor and the City Clerl of the City of Anaheim be and they are hereby authorized to execute and file a notice of completion of said work as ne_iutirei by 1a4v THE FOREGOING RESOLUTION is approved and sigrd y m this day of 19 65 llth ATTEST \i CIT CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, City Clerk, of the City of Anaheim, do hereby cer .y t at tne oregoing resolution was intro- duced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the llth_._.. day of May 19 5. (SEAL) AYES NOES ABSENT 1 COIACILMEN COUNCILMEN COUNCILMEN -3- MA oWT!HETTYoi AHFIM, Dutton, None None Pebley, Schutte, AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the llth day of May 19 65 Chandler and Krein IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this day of 1965. GIT CLERK OF THE ITY OF ANAHEIM