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57R-3914 "" RESOLUTION NO. 3914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT, AND ALL UTILI- TIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CORRECT, CONSTRUCT AND COMPLETE CERTAIN MINOR ITEMS IN CONNECTION WITH THE FOLLOWING PUBLIC IMPROVEMENT: A STEEL-DECK GRAND STAND, WITH PRESS BOX, AT LA PALMA PARK IN THE CITY OF ANAHEIM. WHEREAS, a contract was heretofore made and entered into with Pittsburgh-Des Moines Steel Company on the 9th day of May, 1956, for furnishing the following: A steel-deck grand stand, with press box, with a seating capcity of 7,100 seats, 38 rows by 3061-0" long, to be furnished, fabricated, delivered and erected on foundations provided by the contraotor, at La Palma Park football stadium in the City of Anaheim, and including the following equipment: Concrete foundations on the basis of a safe soil bearing of 1,500 pounds per square foot for dead load, plus live load and 2,000 pounds per square foot for dead load, plus live load, plus earth- quake or sway loads at a depth of 21_ 0" below grade. Wood seat boards with supporting steel brackets. Intermediate aisle steps where required. Double pipe handrail as specified in plans and specification s. Single or double stairs as specified in plans and specification s. Single pfpe handrail with mesh as speoified in plans and speoifications. Single rail with metal skirt as specified in plans and specifications. Press box erected complete. Sand blast top side of deck in shop. One coat of shop paint to entire structure as speci- fied in plans and specifications. Field paint as specified in the plans and speoifi- cations. ,'-" AND WHEREAS, said Pittsburgh-Des Moines Steel Company has heretofore furnished all of the plant, labor, services, mat- erials and equipment and performed all of the work necessary for the construction and completion of said public improvement with the exception of a few minor items, cons~t1ng of the following: 1. That the first aisle on the right of the center opening and the second aisle to the left of the opening have been improperly constructed from the standpoint of width and are not in accord- ance with specifications. 2. That the front panels of the press box are warped and the upper deck also buckles. -1- ,-- - 3. That the paint on the top is scaling quite badly. --~ 4. That there are several leaks thnough the grand stand deck. 5. That several nuts to anchor bolts on main columns are missing. 0- AND WHEREAS~ final acceptance of the acquisition~ con- struction and completion of said public improvement above des- cribed~ wi tho.the exception of the i terns hereinabove set forth~ was made on the 26th day of December~ 1956; and WHEREAS, since the date of the acceptance of the acquisi- tion~ construction and completion of said public improvement, with the exception of said minor items above mentioned, said contractor has corrected and completed the few minor items hereinabove more particularly described, in accordance with the plans and specifi- cations; and the City Engineer has duly certified to the correc- tion, construction and completion of said minor items in accord- ance with the plans and specifications and the contract documents duly made and entered into with said Pittsburgh-Des Moines Steel Company; and WHEREAS, the City Council does find and determine that said contractor has corrected and completed the items above men- tioned in accordance with the provisions of the contract and con- tract documents and that said work should be finally accepted and a notice of completion filed, and payment of the balance due said contractor be authorized in accordance with the contract documents and the terms and conditions set forth in Resolution No. 3634 of the City Council and this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all of the plant, labor, services, materials and equipment, and all utilities and transportation, and the per- formance of all work necessary for the correction, constrUction and completion of the few minor items hereinabove described, by said contractor, In accordance with the plans and specifications, be and the same are hereby accepted; and BE IT FURTHER RESOLVED that upon the expiration of 35 days from and after the final acceptance of said work, as evidenced by the adoption of this resolution, said contractor be paid the bal- ance due it in accordance with the contract documents, but not sooner than thirty (30) days from and after the date of the filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said con- tract and riontract documents. That acceptance by the contractor of said payments made in accordance 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 con- tractor 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 as required by law. -2- -- - -- ,/"",- THE FOREGOING RESOLUTION is signed and approved by me this 28th day of May, 1957. MA~~~IM --"'. ATTEST: ~ ~, ~,cr'; . 1/~/ ~ W-C~- O~ ~ OF ANABlE STATE OF CALIFORNIA ) COmITY OF ORANGE ) SSe CITY OF A:JAREIM ) I, DENE M. WILLIAMS, City Clerk of the City of Ana- heim, do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law, of the City CounoiTI. of the City of Anaheim, held on the 28th day of May, 1957, by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser. NOES: COUNCILMEli: None. 4BSENT: COUNCILMEN: None. And I further certify that the Mayor of the City of Ana- heim approved and signed said resolution on the 28th day of May, 1957. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of May, 1957. '~, ~'-1 ~__;_. / ~ AC~LERf-OF ~EIM (SEAL ) ~ --- -3-