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56R-3127 - ,-- , RESOLUTION NO. 3127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING TEE COMPLETION AND THE FURNISHING OF ALL LABOR TO INSTALL PRIMARY AND SECONDARY ELECTRICAL DISTRIBUTION FACILITIES IN TRACT NO. 2155, WORK ORDER NO. 2215. WHEREAS, the City Council of the City of Anaheim did find and determine that public convenienoe and neoessity re- quired the installation of primary and secondary electrical distribution faoilities, consisting of pole lines, cross-arms, secondary racks, insulators, transformers, fuse cut-outs. etc., in Tract 2155. Work Order No. 2215, and Traot 2537, Work Order No. 2211, in accordance with the design. plans, profiles, drawings and/or specifioations 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 contractor, in the furnishing of all labor and all tools. equ~pment, apparatus, facilities, plant. services and materials, except those to be furnished by the City of Anaheim, necessary to install said primary and secondary electrical distribution faoilities would be subJeot to the provisions of Seotion 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 performanoe of said work, and would be required to pay to every laborer or meohanic employed by it in the performance 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 lOth 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 particularly described. and the Council did find and determine that the offer of C. & J. Con- struction Company, a copartnership oonsisting of R. D. Schurr, D. D. Montague and Charles Jacobberger, was the lowest obtain- able for the furnishing of all labor to install and oomplete said public improvement. to wit: The furnishing of all labor to install primary and seoondary electrical distribution facilities. consisting of pole lines. cross-arms, secondary racks, insulators, tranSformers, fuse cut-outs, etc.. in Tract 2155, Work Order No. 2215, and Tract 2537. Work Order No. 2211, and thereupon accepted said offer and did award a oontract to said C. & J. Construction Company for furnishing 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, including power, fuel and water, and performing all work necessary to install, construct and complete, in a good and workmanlike manner, said public improvement and work hereinabove mentioned and described, to- gether with the appurtenances thereto, in strict accordance with the plans and speoifications prepared by said Superinten- dent of Light, Power and Water. That said contract was duly made and entered into on the lOth day of January, 1956. -1- -. - AND WHEREAS, said C. & J. Construotion Company has furnished all tools, equipment, apparatus, facilities, plant, labor, servioes and materials, except those to be furnished by the City of Anaheim, and all utilities and transportation. and performed all work necessary for the construction, in- stallation and oompletion, in a good and workmanlike manner, in Tract No. 21S5. Work Order No. 2215, of all primary and secondary electrical distribution facilities. hereinabove more partioularly described, in strict aocordance with the speoifications, plans and drawings prepared by George F. Oelkers, Superintendent of Light, Power and Water, and in accordance with the contraot 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 distribution faoilities, hereinabove more partioularly de- scribed. in Traot No. 2155. Work Order No. 2215. in accord- ance with the plans and speoifications and the contraot doouments duly made and entered into with said C. & J. Con- struction Company; and WHEREAS. the City Council finds that said contractor has completed the installation of said electrical distribution faoilities. hereinabove more particularly described, in Tract No. 2155. Work Order No. 2215, in aocordanoe with the provisions of the contract and the contract documents, and that a notioe of oompletion should be filed and payment of the balance due said oontractor under Work Order No. 2215 authorized in acoordanoe with the oontract documents. c"'"'--. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, ma- terials and equipment and all utilities and transportation, and the performance of all work necessary to oonstruot, in- stall and complete, in a good and workmanlike manner, in striot accordance with the speCifications. plans and drawings there- for on file in the Office of the Superintendent of Light, Power and Water of the City of Anaheim. together with the appurte- nanoes thereto, of said electrical distribution facilities hereinabove more particularly desoribed and set forth in Traot No. 2155, Work Order No. 2215, by said contractor, be, and the same are hereby accepted, subJeot nevertheless to all the terms. conditions and provisions of the oontract documents, and that 85% of the purohase prioe or the amount due said contraotor for said work under Work Order No. 2215 (Traot No. 2155), be paid to it forthwith, and that the remaining 15% of the amount due said contractor under Work Order No. 2215 be withheld for a period of thirty (30) days from and after the date of the filing of a notice of oompletion of said work by the City of Anaheim. exoepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said oontract and oontract documents. That acoeptance by the contractor of said payments made in accordanoe with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all olaims and liabilities due the oontraotor for anything done or furnished or withheld or for anything re- lating to the work or any aot or neglect of the City, its officers, agents and employees, exoepting only claims against the City for any amounts withheld by the City at the time of such payment. -2- ~ ...-- AND BE IT FURTHER BESOLVED tha the Mayor and the City Clerk of the City of Anaheim be, and they are hereby, authorized to execute and file a notioe of oompletion of said work in Traot No. 2155, Work Order No. 2215, as re- quired by law. THE FOREGOING RESOLUTION is approved and signed by me this 14th day of February, 1956. ". -;) ..~ ,< . .,<..... ""'/ ' .'~'" 'MAygi~11" Y~ tmEIM' ATTEST: w ... . ~.. ' , '- '.A '(,. -,,/ . . ,)-r -(..AIL___ ~ Y CLE~ ~t ~HE -~$ ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) aa. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduoed and adopted at a regular meeting, provided by law, of the City Council of the City of Anaheim, held on the 14th day of February, 1956, by the following vote: AYES: COUNCILMEN: Pearson, Fry, SChutte, and Wisser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Van Wagoner. AND I FURTHER CERTIFY That the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of February, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official seal of the City of Anaheim this 14th day of February, 1956. (SEAL) Ir/' .'., '.)~-'. ' . -.J<...L )(. "~ ~.)?'V$l..- I~ CLE~ OF THE CITY OF ANAHEIM ".-.