57R-3698
>-
RESOLUTION NO. 3698
---.-
--~
A RESOLUTICN OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE CO}~LETION
AND THE FURNISHING OF ALL LABOR AND EQUIPMENT
TO DlSTALL PRIMARY ELECTRICAL DISTRIBUTION
FACILITIES ALONG PLACENTIA AVE~~E, FROM THE
INTERSECTIm.r OF PLACENTIA AVENUE AND THE
~~STERLY EXTENSION OF SOUTH STHEET NORTHERLY
APPROXIMATELY 2,000 FEET, THENCE EAST 1,300
7EET, THENCE NORTH 400 FEET, WORK ORDER NO. 2327.
~~REAS, the City Council of the City of Anaheim did
find and determine that public convenience and necessity re-
quired the installation of primary electrical distribution
facilities, consistinc of poles, cross-arms, insulators, wires,
guys, fuse cut-outs, etc., along Placentia Avenue, from the
intersection of Pla,centia Avenue and the westerly extension of
South Street northerly approximately 2,000 feet, thence east
1,300 feet, more or less, thence north 400 feet, more or less,
in the City of Anaheim, Work Order No. 2327, in accordance with
the design, plans, profiles, drawings and/or specifications pre-
0ared by the Superintendent of the Light, Power and Water Depart-
ment of the City of Anaheim; and
1'mEREAS, the City Council did further find that the
contractor, in the furnishinS of all labor and all tools, equip-
ment, apparatus, facilities, pla.nt, services and materials, ex-
cept those to be furnished by the City of Anaheim, necessary to
install said primary electrical distribution facilities, would be
subject to the provisions of Section 1775, Sections 1810 to 1817,
and Sections 1850 to 1854, inclusive, of the La.bor Code of Cali-
fornia, and all other Jrovisions of said Code relating to the
Derformence of said. "Torle, and t'lOulc1 be required to pay to every
laborer or mechanic employed by it in the performance of said
l'JOrk not less than the per diem rate of wages for legal hOlidays
and overtime "lork theretofore estAblished; and
.,-..
':rtlEREAS, the City Council did meet in regular session
on the 11th day of December, 1956 at 7:00 olclock P. M. to con-
sider proposals submitted for furnishing all labor and uerform-
ine the work hereinabove more 9articularly described, and the
Council did find and determine that the offer of E. D. JOHNSON &
CO~~AI~ was the lowest obtainable fo~ the furnishing of all
labor to install and complete said public improvement, to wit:
The furnishing of all labor and equipment to install primary
electrical distribution facilities, consisting of poles, crOS8-
arms, insulators, wires, guys, fuse cut-outs, etc., along Placentia
Avenue, from the intersection of Placentia Avenue and the westerly
extension of South Street northerly R'Juroximetely 2000 feet, thence
east 1,JOO feet, more or less, thence north 400 feet, more or less,
in the City of Anaheim, '\vork Order No. 2327, and thereupon accepted
said offer and did award a contract to said E. D. Johnson & Company
for furnishlne: all tools, eoui'ament, appars>tus, facilities, plant,
labor, services, and materials, except those to be furnished by
the City of Anaheim, and all utilities and transportation, includ-
in~ power, fuel and water, and -oerforming all work necessary to
intall, construct and complete, in a good and workmanlike manner,
said nublic imorovement and work hereinabove mentioned and described,
together with the a~purtenances thereto, in strict accordance with
~c
-1-
-
the plans and specifications prepared by said Superintendent
of Light, Power and Water. That said contract was duly made
and entered into on the 12th day of December, 1956.
~
AND WHEREAS, said E. D. Johnson & Company has fur-
nished all tools, equipment, apparatus, facilities, plant,
labor, services and materials, except those to be furnished
by the City of Anaheim, and all utilities and transportation,
and performed all work necessary for the construction, in-
stallation and completion, in a good and workmanlike manner,
of said public improvement, in strict accordance with the
specifications, plans and drawings prepared by George F.
Oelkers, Superintendent of Light, Power and Water, and in
accordance with the contract made and entered into with it
by the City of Anaheim; and
WHEREAS, the Superintendent of Light, Power and
Water of the City of Anaheim has duly certified to the con-
struction, installation and completion of said primary
electrical distribution facilities, hereinabove more particu-
larly described, in accordance with the plans and specifica-
tions and the contract documents duly made and entered into
with said E. D. Johnson & Company; and
WHEREAS, the City Council finds that said contract~
has completed the installation of said primary electrical dis-
tribution facilities, hereinabove more particularly described,
in accordance with the provisions of the contract and the
contract documents, and that a notice of completion should be
filed and payment of the balance due said contractor under
Work Order No. 2327 authorized in accordance with the con-
tract 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, in-
stall 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 Superintendent of Light,
Power and Water of the City of Anaheim, together with the
appurtenances thereto, of said public improvement hereinabove
more particularly described and set forth, Work Order No.
2327, 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 85% of the purchase price or the amount due said
contractor for said work under Work Order No. 2327, be paid
to it forthwith, and that the remaining 15% of the amount
due said contractor under Work Order No. 2327 be withheld for
a period of thirty-five (35) days from and after the date of
the filing of a notice of completion of said work by the City
of Anaheim, excepting only such sum or sums as may lawfully
be withheld in accordance with the provisions of said con-
tract 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 fur-
nished 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 with-
held by the City at the time of such payment.
-2-
-
r-
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 13th day of February, 1957.
~~~M.
~ST:
m.~~
C T~RK OF THR CITY OF ANAHEIM.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s .
CITY OF ANAHE 1M )
I, DENE M. WILL~S, City Clerk of the City of
Anaheim, do hereby certify that the foregoing Resolution
was introduced and adopted at a regular meeting, provided
by law, of the City Council of the City of Anaheim, held
on the 13th day of February, 1957, by the following vote:
AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser
NOES: COUNC I LMEN : None
ABSENT: COUNCILMEN: Hone
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 13th
day of February, 1957.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 13th
day of February, 1957.
~ 7// ~.
.. ERR OF · ~IM.
(SEAL)
.r-
-3-