56R-3329
RESOLUTION NO. 112q
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
FAOILITIES IN TRACTS NOS. 2491 AND 2492, WORK
ORDER NO. 2445.
WHEREAS, the City Oounoil of the City of Anaheim did
find and determine that public convenience and necessity re-
quired the installation of primary and secondary electrical
distribution facilities, consisting of pole lines, cross-arms,
secondary racks, insulators, transformers, fuse cut-oute, etc.,
in Tracts Nos. 2491 and 2492, Work Order No. 2445, in accord-
anoe with the design, plans, prOfiles, drawings and/or speo-
ifications prepared by the Superintendent of the Light, Power
and Water Department of the City of Anaheim; and
WHEREAS, the City Council did further find that the
contraotor, in the furnishing of all labor and all tools, equip-
ment, apparatus, facilities, plant, servioes and materials, ex-
cept those to be furnished by the City of Anaheim, necessary to
install said primary and secondary e1eotrioal distribution
faoilities would be subJeot to the provisions of Section 1775,
Seotions 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 performanoe of said work, and would be re-
quired to pay to every laborer or meohanic employed by it in the
performanoe of said work not less than the per diem rate of wages
for legal hOlidays and overtime work theretofore established; and
WHEREAS, the City Counoil did meet in regular session
on the 24th day of April, 1956 at 7:00 o'c1ook P. M. to oonsider
proposals submitted for furnishing all labor and performing the
work hereinabove more partioularly described, and the Council
did find and determine that the offer of E. D. Johnson and Company
was the lowest obtainable for the furnishing of all labor to i~
stall and oomplete said public improvement, to wit: The furnish-
ing of all labor to install primary and seoondary electrical
distribution faoilities, oonsisting of pole lines, cross-arms,
secondary racks, insulators, transformers, fuse cut-outs, eto.
in Tracts Nos. 2491 and 2492, Work Order No. 2445, and there-
upon aocepted said offer and did award a contract to said E. D.
Johnson and Company for furnishing all tools, equipment, apparatus,
facilities, plant, labor, services and materials, except those to
be furnished by the City of Anaheim, and all utilities and trans-
portation, including power, fuel and water, and performing all
work necessary to install, oonstruct and complete, in a good and
workmanlike manner, said public improvement and work hereinabove
mentioned and described, together with the appurtenances thereto,
in strict acoordance with the p1ans and specifications prepared
by said Superintendent of Light, Power and Water. That said con-
tract was duly made and entered into on the 27th day ot April,
1956.
AND WHEREAS, said E. D. Johnson and Company has furn-
ished all tools, equipment, apparatus, faoilities, 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 oonstruction, installation and com-
pletion, in a good and workmanlike manner, in Tracts Nos. 2491
and 2492, Work Order No. 2445, of all primary and secondary
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electrical distribution facilities, hereinabove more particular-
ly described, in striot accordance with the specifications, plans
and drawings prepared by George F. Oelkers, Superintendent of
Light, Power and Water, and in aooordance with the oontract 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 completion of
the installation of said primary and secondary electrical dis-
tribution facilities, hereinabove more particularly desoribed,
in Traots Nos. 2491 and 2492, Work Order No. 2445, in accordance
with the plans and specifications and the oontract documents
duly made and entered into with said E. D. Johnson and Company;
and
WHEREAS, the City Council finds that said contractor
has completed the installation of said electrical distribution
facilities, hereinabove more particularly described, in Traots
Nos. 2491 and 2492, Work Order No. 2445, in accordance with the
provisions of the contract and the contract doouments, and that
a notice of completion should be filed and payment of the bal-
anoe due said oontractor under Work Order No. 2445 authorized
in accordance with the contract 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
performanoe of all work necessary to construot, install and
complete, in a good and workmanlike manner, in striot accord-
ance with the specifications, plans and drawings therefor on
file in the Offioe of the Superintendent of Light, Power and
Water of the City of Anaheim, together with the appurtenances
thereto, of said eleotrioal distribution facilities hereinabove
more particularly desoribed and set forth in Tracts Nos. 2491 and
2492, Work Order No. 2445, by said Contractor, be, and the same
are hereby aocepted, subjeot nevertheless to all the terms, con-
ditions and provisions of the contract documents, and that 85%
of the purchase prioe or the amount due said contractor for said
work under Work Order No. 2445 (Tracts Nos. 2491 and 2492), be
paid to it forthwith, and that the remaining 15% of the amount
due said contractor under Work Order No. 2445 be withheld for
a period of thirty (30) days from and after the date of the
filing of a notice of completion of said work by the Oity of
Anaheim, excepting only such sum or sums as may laWfully be
withheld in accordance with the prOVisions of said contraot
and oontract documents. That acoeptance by the contractor of
said payments made in acoordanoe 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 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 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 Tracts
Nos. 2491 and 2492, Work Order No. 2445, as required by law.
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THE FOREGOING RESOLUTION is approved and signed by me
this 12th day of June, 1956.
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HAYOR OF THE CIn OF ANAHEIM.
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ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM.
STATE OF CALIFORNIA ~
COUNTY OF ORANGE
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution was introduee4
and adopted at a regular meeting, provided by law, of the City
Council of the City of Anaheim, held on the 12th day of June,
1956, by the following vote:
ss.
AYES:
COUNCILMEN: Coons, Fry, Schutte and Wisser.
NOES:
COUNC ILMEN : None.
ABSENT: OOUNCILMEN: Pearson. ,,;
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AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 12th day of
June, 1956.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the offioial seal of the City of Anaheim this 12th day
of June, 1956.
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L/<--L '/;N' _ ;U~~
CITY CLERK OF THE CITY OF ANAREIM.
( SEAL )
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