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66-115 .- RESOLUTION NO. 66R-1l5 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 WATERlI AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT~ THE CON- STRUCTION QF A STOlULDBAI N IN I!ARBOR BOULEVARD, FROM APPROXIMATELY 109"36 FEET SOUTH OF MANCHESTER AVENUE TO APPROXIMATELY~138.24 FEET.NORTH OF KATELLA AVENUE.. IN THE CITY OF ANAHEIM. JOB NO. 966. INCLUDING CONTINGENCY ITEM A. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, pr~nted, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 19th and 26th days of AU2ust. 1965 , a notice inviting sealed pro- posals 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 ac- cordance with the specifications, plans and drawings there- for 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 a storm drain in Harbor Boule- vard from approximately 109.56 feet south of Manchester Avenue to approximately 138.24 feet north of Katella Avenue, in the City of Anaheim, consisting of the construction of 63, 60, 48, 42, 24 and l8-inch reinforced concrete pipe, manholes, catch basins, junction structures and P.C.C. collars; P.C.C. curb and gutter, aggregate base, asphalt concrete pavement, 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. 966, including Contingency Item A. - in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works DeDartment , 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'clock P.M. of the 2nd day of SeDtember , 19 65 , 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 S~Dtemb~~ 2 , 19~, at the hour of o'clock P.M., the C ty lerk and thecIty Engineer of 2.00 -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 particularly de- scribed 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 re- port 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 ~ day of ~Dtember , 19 65 , at the hour of ~oDc10c~ con- iIaer the sealed proposals submitted ~riishing the materials and performing the work hereinabove more particular1y'described and set forth, and did thereupon find and. determine that the sealed proposal submitted by KORDICK & S~, INCA & ~TlN FA KORDTCK. -A JO~ ~. 5062 N. Elton. Ba1aw n Pk..Ca1. or the construc- "flon" installiflon and completion of said storm drain in Harbor Boulevard fi . .~.: .ft Ii-e ttiAb~v~i..m!!11tioned and ~escr1bed, was the lowest responsible proposal sd~~ted there~br, and thereupon accepted said bid and did award a .contrac;:t to said Tl~RnTrTl t ~nT\T . INC.. & MARTIN F. KORDICK. A JOINT_ VENTURE for urn sb ng , all plant, labor, services, materiats and equipment and all utili- ties and transportation, including power, fuel and water, and per- forming all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifica- tions, plans and.drawings, the said public ~mprovement 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 con- tract for and on behalf of the City of Anaheim with ~,' INC. & MARTIN F KO~ICK, A JOINT VENnIB.E ~ contract was duly ma e and entered into on the 10th day of Sentember , 19 65 ; and WHEREAS, the said KORDICK & SOL-IBC. & MARTIN FA KQRDICK, A JOINT VENTURE' has furnished alrPlant, libor,. services, materials and equipment and' all utilities and transportation, and performing all work necessary for the construction and completion, in ~ 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 de- tailed designs, plans, drawings, and. specifications 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 publi~rk~ . has duly certified to the construction and complitlon of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said KORDICK & SON. TNC_ &. MA'R'rTN F. l{ORDICl{, A JOINT VENTlJRE ; anC! WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the contract and the contra~t documents, and that notice of completion should be filed and payment 'of the balance due said contractor authorized in.accordance with the conttact documents. -2- - NOWJ THERf.'OIU:" BE IT RESOLVEO h'1 the City Council of the City of Anaheim that all pl!!:Lnt, labor:) ~~rvlces, materials and equipment and all utilities and tTans~ortation, and the per- formance ot all work necessary t.o con9truct, inst.d.ll and '~OC1- plete, 1.n a good. and \ftlorkDVlnlike manner, 1.n stri~t. accordance with the spccif1ca~ions, plans'and drdwings therefor on file in the Office of the CIty Cle.rk of the 'City of Anaheim, together with the appurtenances thereto, sAid public improvement herein- above mor~ pdrtic~lArly described and set forth, in the City of Anaheim, by saie CCIltractor, be, and the same 4re hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contr~('t documpnts, and th4t the ba1.~nce due said contractor for Rsid work )e p;.ti~l t '" it thirty-five (35) days from and after final accep~ance of sara ~ork as evidenced by the adoption of rh~s re~oluLlon, b~t not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such sum or sums as m~y lawfully be w1thheld in accordance with the provisions of s4id contract and contract documents. That accept- ance by the ~ontractor of said payments made in Accordance with said final estimate shall operate and shall be a release to the City of Anahe1m, its officers., agp-nts 4l'ld 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 ~~ployees, excepting only claims agll.1net the City fOT amounts w1t.hheld by the City at the time of such payment. AND BE IT rt.'RTMER. RESOLVED that. the Y.ayor and the City Clerk of tho City of AnAheim be>> find the', are hert-by B\lthorized to execute and file a notice of completion of.. eaid work.: AS required by lAW. THE ',FORECOING RESOLUTION 18 approved and signed by me 15th day of Februa:rv , 19 66.. . this - ~ . .. . . ~ ~ ~~ An'lST: I-i i ,,-, - -3.. ..... - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) ~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R-115 was introduced and adopted ata regular meeting provided by law, of the City Council of the City of Anaheim, held on the 15th day of February, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUM: ILMEN: None ABSENT: COUM:ILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R-115 on the 15th day of February, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of February, 1966. 0- 1\ - (Iv , - r_.__ ~ / ~~ . 1'c.-<. . U/~I j.L.____ --..../ CIT CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R-115 duly pa~sed and adopted by the Anaheim City Council on F~bruary 15, 1966. r...., 14--'- k ~----- . ~~~.......~~ CITY CLERK ..-....