1973-385
RESOLUTION NO.
73R-38S
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEI!1 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 BALL ROAD STREET AND STORM DRAIN IMPROVE-
MENT, FROM EUCLID STREET TO BROOKHURST STREET
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IN THE CITY OF ANAHEIM, WORK ORDER NO. 65l-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 the 21st and 28th days of
December , 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:
The Ball Road Street and storm drain improvement, from Euclid
Street to Brookhurst Street, in the City of Anaheim, consist-
ing of clearing and grubbing; excavation; construction of
P.C.C. curb and gutter, curb, sidewalk, driveway approaches,
alley approaches, cross gutter and spandrel; construction of
asphalt concrete over aggregate base and variable thickness
asphalt concrete; construction of a storm drain consisting of
18", 24", 60" and 69" R.C.P., catch basins, and other appur-
tenances; construct 8u V.C.P. siphon; construction of retain-
ing walls; relocation of traffic signals; relocation of mis-
cellaneous items; 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, Work Order No.
65l-B.
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in accordance with the designs, plans, profiles and specifica-
tions prepared by the Public Works Departm,ent, . '
and the notice inviting sealed proposals, wh1ch sa1d not1ce
specified that sealed proposals as specified in said notice would
be received up until 2: 00 0' clock P.M. of the 4th day of
January , 19 73 , 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 l~b~r needed
to execute said contract, and did state that the preva1l1ng hourly
wage scale so ascertained was on file in the Office of the City
Clerk; and
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WHEREAS, on ~qnuary 4 , 1. 9.1l.-.. , ,it. the hour of
2:00 o'clock P.M., the CIty Clerk and the Cl~y EngIneer of
the CIty of Anaheim di.d open sa.Ld sealed proposals recei,ved up
to that tIme for t"he furnishIng of all plant, labor, serv.1 ces .
materials and eqUIpment, and all utilIties and transportatlor:,
including power, fuel and water, and performing all work neces.-
sary to construct and complete, "In a good and workmanlike manner.
In strlct accordance wlth the speclf.lcations, plans and draw:..ngs
therefor on fIle l.n the Office of the Ci ty Clerk of the Cl t.y of
Anaheim, the public "tmprovement herel.nabove more particular' ~y
described and set forth, in public, ~n the City CouncJl 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
meetlng; and
WHEREAS, the Cl.ty Council of the City of Anaheim did,
at its next - - - - - - - regular meetIng, held on the 9th
day of January , 1973 , at the hour of 1: 30 0' clock
P.M., consider 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 MOSES GALLUZZO AND SU~~IT INSUP~NCE
COMPANY OF NEW YORK, 1900 Two Shell Plaza, Houston, Texas 77002
for the construction, Installation and completion of saId Ball Rd. St.
and Storm Drain Improvement, from Euclid St. to Brookhurst St. in the
City of Anaheim, Work Order No. 65l-B. hereinabove mentIoned
"arid described, 'was the lowest responsible proposal submitted
therefor, and thereupon accepted said bid and did award a contract
to saId MOSES GALLUZZO AND SU~~IT INSURANCE COMPANY OF NEW YORK
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, pl.ans and
drawings, the said public improvement as specified in said notlce
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 MOSES GALLUZZO AND SU~rnIT
INSURANCE COMPANY OF NEW YORK WhICh sa~d
contract was duly made and entered into on the 12th day of
January , 19~; and
WHEREAS, the said MOSES GALLUZZO AND SU~~IT INSURANCE
COMPAl~Y OF NEW YORK has furnisheaall plant, labor,
serv1ces, 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 Public Works Department
, and the contract made and entered into
WIth it by the City of Anaheim; and
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WHEREAS, the Director of Public ~'lorks
has duly certified to the construction and completion of saId
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 MOSES GALLUZZO AND SUMM~T IN-
SURANCE COMPANY OF NEW YORK .; an
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WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particIJ"
lar1y described in accordance with the prov1sions of the contract
and the contract documents, and that not1ce of completion should
be filed and payment of the balance due said contractor author~zed
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 herein-
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 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 em-
p1oyees, excepting only claims against the City for amounts \,'1 th"
held by the City at the time of such payment.
AND BE IT FURTHER RESOLVED Ohat the Mayor and the C1ty
Clerk of the City of Anaheim be, and they are hereby authorized
to execute and file a notice of completion of said work as
requ1red by law.
THE FOREGOING RESOLUTION is approved and signed by me
th1s 4th day of September, 1973
ATTEST:
,J/(
CLERK OF
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-385 was
passed and adopted at a regular meeting of the City Council held
on the 4 th day of September , 19 --1..J.., by the following
vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom,
and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 4th day of
September , 19~
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 4th day of
September , 19~.
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CITY CLERK OF 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.
73R-385 duly passed and adopted by the Anaheim City Council on
September 4, 1973.
L);r. J)~
City Clerk
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