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56R-3634 - RESOLUTION NO. 3634 r-' A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF N~AHEIM FIN~LLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERV ICES , MATER IAL S MTD EQU I PMENT, AND ALL UTILITIES AJI..'D TRANSPORTATION, INCLUDING PONER, FUEL AND WATER, AND PERFORMING ALL "IORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, WITH THE EXCEPTION OF A FEV! MINOR ITEMS: A STEEL-DECK GRAND STAND, WITH PRESS BOX, AT 1..1\_ PALMA P.L\.RK IN THE CITY OF ANAHE m. iV!EREAS, the City Counei 1 of the City of Anahe im did cause to be published in a newspaper of general circula- tion, printed, published and circulated in the City of P~aheim, to wit: The Anaheim Bulletin, on the 28th day of April an(1 the I)_th day of \!ay, lQ56, a notice inviting sealed proposals for furnishing the following: Detailed plans and specifications in accordance with and conforming in general to preliminary plans and specifications prepared by the City Engineer of the City of Anaheim and on file in the office of the City Engineer, and all plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all wurk necessary to construct and complete, in a good and workman- like manner, in strict accordance with the specifi- cations, plans and drawings therefor on file in the office of the City Clerk of the City of Ana- heim, and the contract 'documents, for the construc- tion and completion of a steel-deck grand stand at La Palma Park football stadium, with a seating capacity of 7,10C seats, approximately, to be paid for as follows: 60% upon the delivery of the materials at the site of construction; 20% upon the actual commencement of construction; and 20% after final acceptance by the City and 35 days after the filing of Notice of Completion or, if no Notice of Completion is filed, 90 days after completion and acceptance. Plans and specifications to be submitted with the bid for checking by the City Engineer and must conform in general to preliminary plans and speci- fications prepared by the City of Anaheim. ~ which said notice specified that sealed proposals as specified in the notice would be received up until 7:00 o'clock P.M. of the 8th day of May, 1956, and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Counc i1 of the Ci ty of Anahe im had ascertained the prevailing rate of wages for each type of labor needed to execute said contract and did set forth the prevailing hourly wage scale so ascertained; and -1- - r- WHEREAS, at a regular meeting of the City Council held on the 8th day of May, 1956, at the hour of 7:00 o'clock P.M. of said date, said City Council did hold a public hear- ing for the purpose of opening sealed proposals received up to that time, for the furnishinG of all plant, labor, ser- vices, materials anri equipment, and all utilities and trans- portation, including power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the detailed plans and specifications to be submitted by the bidder, and conforming in general to preliminary plans and specifica- tions prepared by ths City Engineer of the City of Anaheim and on file in the office of the City Clerk or the City Engineer of the City of Anaheim, of the public improvement hereinabove more particularly described and set forth; and WHEREI\S, the City Council did thereupon refer said bids to the City Ensineer for examination, tabulation and report to the City Council, and said City Engineer did there- upon examine 3nd ta1)ulate said sealed proposals and report the result of his tabulation to the City Council; and ''JHEREf.\.S, the City Council die'. meet in regular session on ths 8th day of fray, 1956, at the hour of 7:00 o'clock P.M. to consider the sealed proposals submitted for furnis11in:J r:caterials and performing the work hereinabove more particularly described Bnd set forth, and the City Engineer of the City of Anaheim did thereupon make his re- port and submit his tabulation of said sealed proposals, and the City Council did thereupon find and determine that the sealed proposal submitted by Pittsburgh-Des Moines Steel Company, 21 L~onte, C81 ifornia, for the construction, instal- lation anJ completion of said steel-deck grand stand, with press box, with a seating capacity of 7,100 seats, at La Palma Park foothall stadium, hereinabove mentioned and described, was the lowest responsible pro?osal submitted therefor, and thereupon accepted sair' bid and did award a contract to said Pittsburgh-Des Moines Steel Company for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performino all worl, necessary to construct and complete, in a good and workmanlike manner, in accordance with the detailed plans and specifications submitted by the Contract~ and approved by the City Engineer, and conforming in general to preliminary plans ancl specifications prepared by the City Enginesr, the said public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City or Anaheim to exemte a con- tract ror and on behalf of the City of Anaheim with said Pittsburgh-Des Moines Steel Company, which said contract was duly made and ent2~rE'd into on the 9th day of May, 1956; and ~ 1'THEREJ\S, said Pittsburgh-Des Moines Steel Company has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said public improvement as specified in the notice and in the detailed design, plans, profiles, drawings and specifications submitted by the Contractor and approved by the City Engineer and conforming in general to the preliminary plans and specifications prepared by the City Engineer, and the contract made and entered into -2- - ,-." r with said Pittsburgh-Des Moines Steel Company by the City of Anaheim, except a few minor items consisting 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 accordance with specifica- tions. 2. That the front panels of the press box are warped and the upper deck also buckles. 3. That the paint on the top is scaling quite badly. 4. That there are several leaks through the grand stand deck. 5. That several nuts to anchor bolts on main columns are missing. which items have a cost of approximately $2,000.00; and WHER~~S, the City Engineer has duly certified to the construction and completion of said public improvement hereinabove mentioned and described in accordance with the plans and specifications and the contract documents duly made and entered into with said Pittsburgh-Des Moines Steel Company, except in the particulars mentioned in the preced- ing paragraph; and ','HEREAS, sa id contractor has requested the Ci ty to finally accept the work and the completion of said pUblic improvement upon the terms and conditions herein- after set forth, except as to the items above mentioned; and said contractor has agreed to complete said public improvement as to the items above mentioned and correct the conditions mentioned within a period of 60 days, and any other defects or conditions that may occur in any por- tion of said public improvement within said time, upon con- dition that the City will finally approve and accept the work and the completion of said public improvement, with the exception of the items above mentioned, and pay to the contractor the balance due it as provided in the contract documents, except the sum of $6,91~5.02, which it is to re- ceive when it has completed the items of said public im- provement above mentioned and corrected said conditions mentioned in said items. That said contractor has aareed that the said sum of $6,945.02 may be withheld from the final payment to it until the completion of said items and the performance by the contractor of all the contractor's obligations with respect thereto as provided by the plans and specifications end the contract dated May 9, 1956; and r' VHER.':J\S, the City Council finds and determines that said contractor has completed said public improvement in accordance with the provisions of the contract and con- tract documents, except for the items hereinabove mentioned, and that said work should be finally accepted upon the terms and conditions herein specified, and a notice of completion ~iled, and that the balance due said contractor, -3- c-. .-.. ,r- ,A/!'-'\ f ' except t;1e sum of 't6,9'-~5.0c, should be paid in accordance with the contract 00cuments 2nd the terms and conditions set forth in this resolution. NQV, 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 neces- sary to construct, install and complete, in a good and workmanlike manner, saic1 public improvement hereinabove more particularly described and set forth, in the City of Anaheim, together with the appurtenances thereto, by said contractor, in strict accordance with the detailed speci~ications, plans and drawings submitted by the con- tractor and approved by the City Engineer and conforming in general to the preliminary plans and specifications prepared by the City Engineer and on file in the office of the City Engineer, except for the completion of the following items: 1. 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 stand- point of width and are not in accord- ance with specifications. 2. The front panels of the press box are warped and the upper deck also buckles. ') The peint on the top is sca ling quite .J. badly. L~ . There are severel leaks through the ('rand stand d eCt,. 5. Several nuts to anchor bolts on main columns are miSSing. - r be, and the same are hereby, accepted, subject, neverthe- less, to all of the terms, provisions and conditions of the contract documents and upon the express condition that said contractor will complete the constuction as to the above mentioned items and correct the conditions therein stated within a period of 60 days in accordance with the contract documents, and that the same are hereby accepted upon the further express condition that said contractor will proceed immediately toward the completion of said items; and that the balance due said contractor for the construction and completIon of said public improvement, except the sum or $6,945.02, be paid to it 35 days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than 30 days after the date of the filing of a notice of comple- tion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said con- tract and contract documents, and unless liens are filed by laborers or materialmen, in which event so much of the balancs due said contractor shall be withheld as shall be necessary to pay and discharge said liens. That accept- ance by the contractor of saie', payments made in accordance with said final estimate shall operate ann shall be a re- lease to the City of Anaheim, its officers, agents and -I./.- --.-----.-.-- I -- ---.-' -- -- ~---, ----------- - -- ----- I , I '---'--,,-,- --------,-_ m__ ___,~ - ,~- , employees from all claims and liabilities due the contractor for anything done or furnished or ,githheld, or for anything relating to the 'Norlc 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. BE IT fURTHER RESOLV~D that the sum of $6,945.02 hereby directed to be withheld, shall only be paid to said contractor in accordance with the contract documents after the completion of the above mentioned items hereby excepted from final acceptance, thirty-five (35) days after the com- pletion thereof. .t'.ND BE IT '7URTHER RESOLVED that the lv'layor and the City Cler~ 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. THE FOREGO ING RESOLUT ION is signed and ap :)foved by me t hi s 26th day of Jecember, 1956. -, ~ /'") (~:' / /;2,/-;;~__ l\l'fAYO~CITY OF ANAHEIM. - ~ ~ ~%, ~ <:c,--~~~.. ~/ C ERR OF' THE 6I'!fY OF ANAHE 1M. STATE OF CALIFORNIA COUNTY OF ORl\.NGE CITY OF' ANAHEIM ) ) ss. ) I, DENE lA. WILLIAJ~S, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a reoular meeting of the City Council held on the 26th day of D~cembef, 1956, hy the following vote of the members thereof: AYES: COUNCIU/rEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None A~m I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said resolution on the 26th day of December, 19S6. IN '.'fITNESS ;'rHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of Dec ember, 1956. r ~ ~,-,~- I 'CLERK OF r1f{ t{~~IM. (SEP-L ) -5-