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56R-3635 .- RESOLUTION NO. 3635 .,.-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE OFFER OF SCHURR & FINLAY, INC. TO FURNISH ALL LABOR AND EQUIP- MENT TO INSTALL PRIMARY AND SECON~ARY ELEC- TRICAL DISTRIBUTION FACILITIES ALONG THE WEST SIDE OF THE SOUTHERN PACIFIC COMPANY RIGHT OF WAY FROM BALL ROAD 'ra CERHITOS AVENUE, AND IN TRACT NO. 1979, WORK ORDER NO. 2319; AND AUTH- ORIZING THE EXECUTION OF AN AGRE~IENT TO BE ~~DE AND ENTERED INTO WITH SAID SCHURR & FIN- LAY, INC. c,_._./ WHEREAS, the City Council does find and determine that public convenience and necessity require the installation of pri- mary and secondary electrical distribution f~cilities, consisting of poles as indicated, pole lines, cross-arms, secondary racks, insulators, transformers, fuse cut-outs, etc., along the West side of the Southern Pacific Company right of way from Ball Road to Cerritos Avenue, and in Tract No. 1979, in the City of Anaheim, Work Order No. 2319; and w;:qEREAS, Schurr & Finlay, Inc. has offered to furnish all labor and equipment to install said primary and secondary electri- cal distribution facilities in accordance with the design, plans, profiles, drawings and/or specifications prepared by the Superin- tendent of the Light, Power and Water Department of the City of Anaheim, and to install the same within thirty (30) working days from and after the execution of a contract to be made and entered into by and between Schurr & Finlay, Inc. and the City of Anaheim, for the price of Four Thousand Six Hundred and no/100 Dollars, ($4,600.00); and WHEREAS, the City Council finds that said price is the lowest obtainable for the furnishing of all labor and equipment to install said electrical distributlon facilities, and that the offer of Schurr & Finlay, Inc. should be accepted upon the conditions hereinafter set forth. NOW, THEREFORE, BE IT RESOLVEn by the City Council of the City of Anaheim that the offer of Schurr & Finlay, Inc. to furnish all labor and equipment to install primary and secondary electrical distribution facilities, consisting of poles as indicated, pole lines, cross-arms, secondary racks, insulators, transformers, fuse cut-outs, etc., along the West side of the Southern Pacific Company right of way from Ball Road to Cerritos Avenue, and in Tract No. 1979, in the City of Anaheim, Work Order No. 2319, in accordance with the design, plans, profiles, drawings and/or specifications prepared by the Superintendent of the Light, Power and Water Depart- ment of the City of Anaheim, be, and the same is hereby, accepted, upon the following conditions: - 1. That all labor and equipment shall be furnished and the installation of said electrical distribution facl- lities completed within thirty (30) working days from and after the execution of a contract to be made and entered into by and between Schurr & Finlay, Inc. and the City of Anaheim. -- 2. That in the furnishing of all labor and equipment for the installation of said electrical distribution faci- lities it shall be expressly understood and agreed that -1- said Schurr & Finlay, Inc. is acting as an inde- pendent contractor and not as an agent, servant or employee of the City of Anaheim. r- AND BE IT FUR~hER RESOLVED that the purchase price for the furnishing of all of said labor and equipment for the installa- tion and completion of said public improvement above described shall be paid to Schurr & Finlay, Inc. as follows: 85% thereof upon the completion and acceptance of said work, and the remaining 15% thereof thirty- five (35) days after the filing of notice of com- pletion of said improvement by the City of Anaheim. BE IT FURTHER RESOLVED that said Schurr & Finlay, Inc. shall carry public li~bility and property damage insurance in an amount not less than ~100,000.00 for injuries, including accidental death, for anyone person, and subject to the same limit for each person in an amount not less than 'nOo,oOO.OO on account of anyone accident, and property damage insurance in an amount not less than $50,000.00; and shall take out and maintain during the life of said contract, vlOrkmen I s compensation insurance, covering all of its em- ployees on the project; and public liability and property damage insurance to cover vehicles used or maintained by it in the perform- ance of said work connected with said improvement, with liability limits of not less than $50,000.00 for any on~ person, and $100,000.00 for anyone accident, and property damage of ~lO,OOO.OO. That said Schurr & Finlay, Inc. shall also furnish a Faith- ful Performance Bond, and a Labor and Material Bond for 100% of the cost of said public improvement. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized to enter into a contract with Schurr & Finlay, Inc. in the usual form approved by the City Attorney, upon the terms and conditions herein specified, and the terms contained in the standard form of contract of the City of Ana- heim for public improvements. THE FOREGOING RESOLUTION is signed and approved by me this 26th day of December, 1956. -, , .7 " "/7 /? ~/,/-) &/" CIJIA~~;~i?( cI~ OF~NAH"En1 "-.. ATTEST: L ~7?t. -zJ-~ CITY CLERK OF THE CITY OF ANAHEIM r- -- -2- -- STATE OF CALIFORNIA COtJ1II'tY OF ORUGE CITY OF AllAHllM ) )ss. ) ,,- I, DENE M. W:r1..L:rAM3, City Clerk of the Cft y of Anaheim, do hereby certify that the foregoing i..olution was duly passed ud adopted at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of DecEl!lllber, 1956, by the followinq vote of the members there9f: A.Ym: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser Nom: COUNCILMEN: None AlJIENT: COUNCIJJIJEN: None AND I FUliTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 26th day of December, 1956. IN WITNJB;J WHEREOF, I hereunto set my hand and affixed the seal of the City of Anapeim this 26~ day of December, 1956. L2r-~~ , CITY CI.Dr: OF C:tfi OF A~IM (SEAL) ~ --