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72R-562 RESOLUTION NO. 72R-562 ,""-" 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 IMPROVEt1ENT OF OLD SANTA ANA CANYON ROAD FROM APPROXIMATELY 166 FEET EAST OF TO r~UDE LANE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 5057. 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 Septeaber 7 and September l4 , 19 72 , 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 improvement, to wit: ~he improvement of Old Santa ~na Canyon Road from approx- ~mate~y l66 f~et.east of to ~aude Lane, in the City of Anahe~m, cons~st~ng of clear~ng and grubbing; excavation; compacted embankment, construction of P.C.C. curb and gutter and sidewalk; construction of asphalt concrete over aggregate base and variable thickness asphalt con- crete; and appurtenant work as more particularlv set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 5057. ",.<~ in accordance with the designs, plans, profiles and specifica- tions prepared by the Department of Public Works 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 2lst day of September , 19 72 , 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 w~ges for each type of l~?r needed to execute said contract, and d~d state that the preva~l~ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- - ,.-. WHEREAS, on Sept~mber 21 , 19 72 , at the hour of 2:00 o'clock P.M., the C~ty Clerk and the City Engineer of 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, .~n 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 particular.i..y 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 meet.ing; and WHEREAS, the City Council of the City of Anaheim did, at its next -------- regular meeting, held on the ~ day of seatember , 19 72 , at the hour of 1:30 o'~ P.M., consi er 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 Galluzzo and Sons, Inc., 519 N. Grand Avenue, Santa Ana, California 9270l ror the construction, ~nstallat~on and completion of sa~d Santa Ana Canyon Road from apPl!oximajtely 166 feet East of to Maude Lane, Anaheim Work Order No. 5057 hereinabove mentioned and described, was the lowest respons~ble proposal submitted therefor, and thereupon accepted said bid and did award a contract to said Galluzzo and Sons, Inc. 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 execute a contract for and on behalf of the City of Anaheim with Galluzzo and sonsh Inc. whic said day of contract was duly made and entered into on the September , 19.2L; and 29th Galluzzo and Sons, Inc. has furnished all plant, labor, services, materials and equipment and all utilities and trans- portation, and performed all work necessary 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 DeDa~n~ of ~ublic W~r~s , and the contract ma e an entere ~nto with it by the City of Anaheim; and WHEREAS, the said ?~ WHEREAS, the Director of Public Works has duly certified to the construction and complet~on of sa~d public improvement hereinabove mentioned and described, in accord- ance with the plans and specifications and the contract documents duly made and entered into with said Galluzzo and Sons, Inc. ; and -2- ~. 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 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. 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 performance of all work necessary to construct, install and com- plete, 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 herei~- 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 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 contractor of said payments made in accord- ance with said final estimate shall operate and shall be a re1ease to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anythin~ 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 bhat 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 28th day of November , 19~. ,,' '~ ,::~ ORJ Prb this ATTEST: ~ n '. M. jJ .. CLEM OF 'l'H~F ANAHEIM ~ -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, ~. 40 hereby certify that the foregoing Resolution No. 72R-562 was passed and adopted at a regular meeting of the City Council held on the 28th day of November , 19 72 , by the following Tote of the members thereof: - AYES: COUNCILMEN: Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Sneegas and Dutton Pro Tem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said resolution on the 28th day of November , 19 E- - IN WITNESS WHEREOF, I have hereunto set my hand and af~lxed the seal of the City of Anaheim this 28th day of No"" or · 1972 ~,~ E~ C CLEK&F 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. 72R-562 duly passed and adopted by the Anaheim City Council on November 28, 1972. 4L )n l)~ City Clerk - "