56R-3384-A
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RESOLUTION NO. 3384 -A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
AND THE FURNISHING OF ALL LABOR TO INSTALL
PRIMARY AND SECONDARY ELECTRICAL DISTRIBUTION
FACILITIES IN TRACT NO. 2377, WORK ORDER NO. 2250.
WHEREAS, the City Counci~ of the City of Anaheim did
find and determine that pUblic convenience and necessity required
the insta11ation of primary and secondary electrical distri-
bution facilities, consisting of pole lines, cross-arms,
secondary racks, insulators, transformers, fuse cut-outs, etc.,
in Tract No. 2377, Work Order No. 2250, in accordance with the
design, plans, profiles, drawings and/or specifications prepared
by t:b.e Superintendant of the Li[;ht, POFer ared I'Tater Department
of the Oi t~l of Anaheim; and
WHEREAS, the City Council clid further find that the con-
tractor, in the furnishing of all labor, and all tools, equip-
ment, apparatus, facilities, plant, services and materials,
except those to be furnished by the City of Anaheim, necessary
to install said prim.ry and secondary electrical distribution
facilities wc..,ld be subject to the provisions of Section 1775,
Sections 1810 to 1817, and Sections 1850 to 1854, inclusive, of
the Labor Code of California, 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 per-
formance of said work not less than the per diem rate of wages
for legal holidays and overtime work theretofore established; and
WHEREAS, the City Council did meet in regular session on
the 22nd day of May, 1956, at 7:00 o'clock P. M. to consider pro-
posals submitted for furnishing all labor and performing the
work her~inabove more particularly described, and the Counoil did
find and determine that the offer of Schurr & Finlay, Inc., was
the lowest obtainable for the furnishing of all labor to install
and complete said public improvement, to wit: The furnishing of
all labor to instal: primarJ' and secondary electrical distribu-
tion facilities, consisting of pole lines, cross-arms, secondary
racks, insulators, transformers, fuse cut-outs, etc. in Tract
No. 2377, 1:iork Orc:ter No. 225 , anc~ thereupon accepted said offer
and did award a contract to said Schurr & Finlay, Inc. for fur-
nishing 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, inoluding
p0\1er, fuel aml ,vate!'. and perfor"ling all work necessary to install
construct and complete, in a ,;cod and 110rkmanlike manner, said
public improvement a(~cl '.-fork her~ ~_nabove :'lsntioned and described,
togetfler with th~ aPfJurGenances thereto, in strict accordance
with the plans and specifications prepared by said SUDerintendent
of Li3;ht, POlfler ant' 'J a t er. Thf't said c ontra.c t was duly made and
entered into on the 25th clay of I-lay, 1956.
AND WHEREAS, said Schurr & Finlay, Inc. has furnished all
tools, equipment, apparatus, facilities, plant, labor, services
and materials, except those to be fur:lished by the City of Anaheim,
and aJl utilities and transportation, and performed all work
necessary for the construction, insta:'-lation and completion, in
a good and workmanlike manner, in Tract No. 2377, Work Order No.
2250, of all crimary and secondary electrical distribution faci-
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lities, h~reinabove more particularly described, in strict
accordanoe with the specifications, plans and drawings pre-
pared by George F. Oelkers, Superintendent of Light, Power
and vlater, and in accordance with the contract made and entered
into with it by the City of Anaheim; and
WHEREAS, the SU}:J2rinten.ient of Light, Pm-rer and Water
of the City of Anaheim has duly certified to the completion of
the installation of said primary and secoD(1ary electrical dis-
tribution faciJities, hsreinabove more particularly described
in Tract No. 2377, Work Order No. 2250, in accordance with the
plans and specifications and the contract documents duly made
and ent er ed into "i th said Schurr & Finlay, I nc.; and
~-JHEREAS, the City Council finds ths.t said contractor
[-taS completed the installation of said electrical distribution
facilities, hereinabove more particularly described, in Tract
No. 2377, Work Order No. 2250, 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. 2250 authorized in accord-
ance with the contract document.
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
complete, in a good and workmanlike manner, in strict accord-
ance with the specifications, plans and drawings 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 electrical distribution facilities hereinabove
more particularly described and set forth in Tract No. 2377,
~1ork Order No. 2250, by said Contractor, be I and the same are
hereby accepted, subject nevertheless to all the terms, con-
ditions and provisions of the contract documents, and that 85%
of the Durchase price or the amount due said contractor for said
,-rork under I'Jork Order No. 2250 (Tract No. 2377), be paid to it
forthwith, and that the re,,~aininz; 15% of the amount due said
contractor under Work Order No. 2250 be withheld for a period
of thirtY-five days f)'om and after the date of the filing of a
notice of completion of said work bJ' the City of Anaheim,
excec;ting only such sum or sume as may be lawfully withheld in
accordance with the provisions of said contraot and oontract
documents. That accentance by the contractor of said payments
made in accordance with said final estimDte shall operate and
shall be a release to the City of Anaheim, its officers, agents
and employees from al~.. 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. employees, excenting only claims against
the City for any amounts withheld by the City at the time of
such payment.
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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 in
Tract No. 2377, Work Order No. 2250, as required by law.
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THE FOREGOING RESOLUTION is approved and signed by
me this lOth day of July, 1956.
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~101 ?bFT~{I"gr~ t:A~~-
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE 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 lOth day of July,
1956, by the following vote:
AYES:
NOES:
C OUNC IU1EN: Pearson, Coons, Fry, Schutte and Wi sser
COUNCILMEN: None
ABSENT:
COUNCILl1EN: None
AND I FURTHER CERTIFY that the l>1ayor of the City of
Anaheim approved and signed said Resolution on the lOth day
of July, 1956.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this lOth
day of July, 1956.
- ~ /" --k. ~>L,-...< J" .,?--'" __ _~
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL )
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