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56R-3106 - ~ r RESOLUTION NO. 5106 A RESOLUTION OF THE CITY CIOUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPT~. G THE COMPLETION AND THE FURNISHING OF ALL ABOR TO INSTALL PRIMARY AND SECONDARY ELEC BICAL DISTRIBUTION FACILITH.:S IN TRACT NO. 2 37, WORK ORDER NO. 2211. r- WHEREAS, the City Council pf the City of Anaheim did find and determine that public conv~ienoe and necessity re- quired the installation of primary ~d seoondary electrical distribution faoilities, consisting of pole lines. cross-aras. secondary racks. insulators. transfo~ers. fUse out-outs. etc.. in Tract 2155. Work Order No. 2215. and Tract 2537. Work Order No. 2211. in accordanoe with the des!ign. plans. profiles, drawings and/or speoifications prepared by the Superintendemt of the Light, Power and Water Depart~ent of the City of Anaheim; and WHEREAS, the City Counoil did further find that the contractor. in the furnishing of all labor and all tools. equipment, apparatus. faoilities, plant, servioes and material.. except those to be furniShed by the pity of Anaheim. necessary to install said primary and seconda~ eleotrioal distribution facilities would be subject to the p~ovisions of Section 1775. Sections 1810 to 1817, and Sections 1850 to 1854. inolulive, of the Labor Code or California. and! all other provisions of said Code relating to the perrormano~ of said work. and would be required to pay to every laborer or meohanio employed by it in the performanoe of said work not less than the per diem rat. of wages for legal holidays and over~ime work theretofore established; and WHEREAS. the City Counoil did meet in regular ses.ion on the 10th day of January. 1956 at 7:00 o'clock P.M. to con- sider proposals submitted for fUrnishing all labor and perform- ing the work hereinabove more parti~larly described. and tbe Council did find and determine that the offer of C. & J. Con- struction Company, a copartnership o~nsisting of R. D. Schurr. D. D. Montague and Charles Jacobberg~r. was the lowest obtain- able for the furnishing of all labor to install and complete said public improvement, to wit: The fUrnishing of all labor to install primary and secondary eleetrical distribution facilities, consisting of pole lines, cross-arms, secondary racks. insulators, transformers, fuse cut-outs, etc.. in Traot 2155, Work Order No. 2215, and Tract 2537, Work Order No. 2211. and thereupon accepted said ofrer and did award a contract to said C. & J. Construction Company for furniahing all tools. equipment, apparatus, fa.cilities. plant. labor, services and materials, exoept those to be furnished by the City of Anaheim. and all utilities and transportation, including power, fuel and water, and performing all work necessary to install. construot and oomplete, in a good and workmanlike manner. said public improvement and work hereina.bove mentioned and desoribed. to- gether with the appurtenances theret~, in striot aocordanoe with the plans and speoifioations prepared by said Superin- tendent of Light, Power and Water. That said oontraot was duly made and entered into on the lOth day of January. 1956. -1- - ....... r- AND WHEREAS, said C. & J. ~onstruotion Company has furnished all tools, equipment, apparatus, facilities, plant, labor, services and materials, exoept those to be furnished by the City of Anaheim, and all utilities and transportation, and performed all work necessary for the oonstruotion, in- stallation and completion, in a good and workmanlike manner, in Traot No. 2537, Work Order No. 22~l, of all primary and secondary eleotrical distribution fa~ilitie8, hereinabove more particularly described, in stri~t accordance with the speoifications, plans and drawings Pfepared by George F. Oelkers, Superintendent of Light, Po er and Water, and in aocordance with the contract made an entered into with it by the City of Anaheim; and WHEREAS, the Superintendent of Light, Power and Water of the City of Anaheim has dult certified to the com- pletion of the installation of said ,rimary and secondary electrial distribution faoilities, h!reinabove more par- tioularly described, in Traot No. 25 7, Work Order No. 2211, in accordance with the plans and ape ifications and the contract doouments duly made and ent~red into with said C. & J. Construction Company; and WHEREAS, the City Council finds that said contraotor has completed the installation of said eleotrioal distribution facilities, hereinabove more partiou~arly described, in Traot Io. 2537. Work Order No. 22ll. in ao~ordance with the provisions of the oontract and the oontraot doc~ents. and that a notioe of completion should be filed and paymeQt of the balanoe due said contraotor under Work Order No. 2211 'authorized in acoordance with the oontraot documents. ~ , NOW, THEREFORE, BE IT RESOl).VED by the City Council of the City of Anaheim that all plan~, labor, servioes, ma- terials and equipment and all utilit~es and transportation, and the performanoe of all work nece$sary to oonstruot, in- stall and complete, in a good and wo~kmanlike manner, in striot aocordanoe with the speoifications, ~lans and drawings there- for on file in the Office of the Suparintendent of Light, Power and Water of the City of Anaheim, together with the appurte- Dances thereto, of said electrical ~stribution faoilities hereinabove more partioularly described and set forth, in Tract Io. 2537, Work Order No. 2211, by sa!d oontraotor, be, and the same are hereby aocepted, subjeot ne~ertheless to all the terms, oonditions and provisions of the contraot doc~ents, and that 85% of the purohase prioe or the amount due said oontractor for said work under Work Order No. 2211 dTract No. 2537), be paid to it forthwith, and that the remaining 15% of the amount due said oontraotor under Work Order No. 2211 be withheld for a period of thirty (30) days from and after the date of the filing of a notice of oompletion of said wonk by the City of Anaheim, exoepting only guoh sum or sums as m~y lawfully be withheld in aocordance with the provisions of said oontraot and oontract documents. That acceptanoe by the cQntraotor of said payments made in aocordance with said final e$timate shall operate and shall be a release to the City of Anaheim, its offioers, agents and employees from all claims and li~bilities due the contractor for anything done or furnished or wi t;hheld or for anything re- lating to the work or any act or negtect of the City, its officers, agents and employees, exoeplting only olaims against the City for any amounts withheld by the City at the time of suoh pa ymen t. -2- i L..W ~.. - r AND BE IT FURTHER RESOLVE:q that the Mayor and the Ci ty Clerk of the City of Anaheim bel, and they are hereby, authorized to execute and file a notiioe of completion of said work in Tract No. 2537, Work O~der No. 2211, as re- quired by law. THE FOREGOING RESOLUTION iis approved and signed by me this 24th day of January, 1956. './ .. . ;; MAfot~!f{{;:M~. ATTEST: ~~~~~lHErH. STATE OF CALIFORNIA ) COUKTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City ~lerk of the City of Anaheim, do hereby oertify that the foregoing resolutioD was introduced and adopted at a regu}ar meeting, provided by law, of the City Council of the C:Py of Anaheim, h dd en the 24th day of January, 1956, by;the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Pears~n, Fry, Schutte Wisser and Van W~goner. None. None. A1fD I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said nesolution on the 24th day of January, 1956. IN WITNESS WHEREOF, I have ~ereunto set my hand and affixed the official seal of the 'City of Anaheim this 24th day of January, 1956. (SEAL) 01~~~~imm. r -3- ill 11.