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56R-3616 RESOLUTION NO. 3616 ,- A RESOLUTION OF TH:': CITY COUNCIL OF THE CIT'~ OF ANAHE;IM FINALLY ACCEPTING THE OOMPLETION AND THE FURNISHING OF ALL LABOR AND EQUIPMENT TO INSTALL PRIV~ ELECTRICAL DISTRIBUTION FACILITIES ON BROADWAY AND DALE AVENUE, \ifORK ORDER NO. 2)08 'NHEREAS, the City Council of the City of Anaheim did find and d,etermine that public convenience and. necessity re- quired the installation of primary electrical distribution facilities, consisting of poles, cross-arms, insulators, wires, g~ys, fuse cut-outs, etc., on Broadway, from Baker Street to Dale Avenue, and on Dale Avenue from Broadway to 600 feet North of Lincoln Avenue, in the City of Anaheim, Work Order No. 2)08, in accordance with the design, plans, profiles, drawings and/or specifications prepared by the Superintend.ent of the Light, Power and. ~'ia ter Department 01' the City of Anaheim; and NHEREAS, the City Council did further find that the cont=-actor, in the furnishinG' of all labor ane, all tools, equip- ment, apparatus, facilities, plant, 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, anc_ Sections 1850 to 1854, incluslve, of the Labor Code of Oali- fornia, and all other provisions of said Code relating to the performance of said work, and would be required to pay to every laborer or mechanic employed by it in the performance of said 1-lork not less than the :per diem rate of wages for legal holidays and overtime work theretofore established; and adjourned 1HEHC:AS, the City C01.:ncH did meet in/regUlar session on the 5th day of November, 1956 at 7:00 o'clock P. M. to con- sider prOl)Osals submitted for furnishin[; all labor and perform- ine the ~'ork hereinabove more particula.rly described, and the Council dio_ finct ancl determine that the offer of E. D. JOHNSON & Cm:fPANY was the lowest obtaina.ble for the furnishing of all. labor to install ami complete said oubllc improvement, to wit: The furnishinE of all labor and equipment to install primary eledtrical distribution facilities, consistinv of poles, cross- arms, insulators, wires, guys, fuse cut-outs, etc., on Broadway, from Baker' Street to Dale Avenue, and on Dale Avenue from Broad- way to 600 feet Nortr of Lincoln Avenue, in the City of Anaheim, v,rork Order No. 2308, and thereu~)on accepted said offer and did award a contract to 88,i0. E. D. Johnson & Company for furnishing all tools, equi:pment, apparf,tus, facilities, plant, labor, services, Rnci ma terie.ls, except those to be furnished by the City of Anaheim, 2.nd. all utili ties and transportation, including power, fuel and vfater, and. perforruinp; all .\cork necessar;y to insta.ll, construct 8,nd COml)lete, in a good and vorkruanlike manner, said public improve- Elent and. '.'lOr1\:, hereinabove mentioned and described, together Ni th the a:r~)Urten8,nces thereto, in strict accordance with the plans and specifications !)repareo b;y saie Superintendent of Light,Pol'ler and "Ifa ter. The t 81'i6, contrec::; ,\Tas duly made and entered into on the 13th c\s;y of November, 1956. ANDi'iHEHEAS, 88i6 E. D. Johnson & Company has furnished all tools, equipment, apparatus, facilities, plant, labor,ser- vices and materials. except those to be furnished by the City of -1- Anaheim, ana. all utilities and transportation, and. performed all \,rork necessary for the construction, installation and com- pletion, in a good and workmanlike manner, on Broadway and Dale Avenue, in the City of Ananeim, iJork Order No. 2308, of all primary electrical distribution facilities, hereinabove more Jarticularly described, in strict accordance with the specifica- tions, plans and. drawings prepared by George F. Oelkers, Super- intendent of Light, Fower and Water, and in accordance with the contract made end entered into with it by the City of Anaheim; and 'JHEHEAS, the Superintenclent of Light, Power and Water of tile City of Anaheim has duly certified to the completion of the installation of said primars electrical distribution facili- ties, hereinabove more nerticularly described, on Broadway and Dale Avenue, in the City of Anaheim, lr[ork Order No. 2308, in accordance with the plans and specirications and the contract documents dul;y made and entered into with said E. D. Johnson & Company; and \vHEREAS, the City Council finds that said contractor 1ms completed the installation of said electrical distribution facilities, hereinabove more particularly described, on Broadway and Dale Avenue, in the City of Anaheim, Work Order No. 2308, in accordance witll the provisions of the contract and the contract documents, ami that a notice of completion should be filed and payment 01" the balance due said contrect under Work Order No. 2308 authorized in accordance with the contract documents. NOIii, THLBEFOBL, BE IT :{E;SCLVED by the City Council of the City of Anaheim that all plant, labor, eervices, materials and equipment and all utili ties Ene] transportatlon, and the per- formance of all work necessary to construet, install and complete, in a good and workmenlike manner, in strict accordance with the specifications, plans an(l dra1dngs therefor 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 elec- trical distribution facilities hereinabove more particularly described and set forth, on Broadway and Dale Avenue in the City of Anaheim, Work Or6,er No. 2308, by said contractor, be, and the same are hereby accepted, subject nevertheless to all the terms, conditions and nrovisions of the contract documents, and that 85% or the Durchase-nrice or the amount due said contractor for said i'lork under \'lork Order No. 2308 (on Broadivay and Dale Avenue), be palQ to it rorthwith, and that the remaining 15% of the amount due sajej contractor under W'ork Or(1er No. 2308 be witbhelCt for a geriod of thirty (30) days from and after the date of the filing of a notice at completion of said, work by the City of Anaheim, excepting only such sum or sums as may lawfUlly be withheld in accordance ,d th the provisions of said, contract and contract docu- ments. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be a releae.e to the City of Anaheim, its officers, agents and employ- ees from all claims and liabilities due the contractor for any- tning done or furnished 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 withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVlD that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby, authorized to execute and file E1 notice of completion of said work on Broad- way, from Baker Street to Dale Avenue, and on Dale Avenue from Broadway to 600 feet North of Lincoln Avenue, in the City of Anaheim, Work Order No. 2308, as required by law. -2- THE FOREGOING RISOLUTION is approved and signed by me this 11th day of December, 1956. < " /) MAY~6'{ 1~~~~7~~Dt ATnST: " ~f) _ , , / '21/-, J:,- ~ TY C }~RIC OF ~ "C'f'Tt O~ STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DE1~ M. WILLIAMS, 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 11th day of December, 1956, by the following vote: AYES: COUNCIL!>lEN: Pearson, Fry, Schutte and Wisser NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Coons AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and, signed said Resolution on the lIth da;y of December, 1956. IN WITNESS WHEHEOF, I have hereunto set my hand and affixeQ the official seal of the City of Anaheim this 11th day of December, 1956. ,/) At'~. ~R~tF TJE~rmIM ( SEAL) ,,-.,-