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Home My WebLink AboutResolution - City Council - 73-462 - 1973-09-27• RESOLUTION NO. 73-}j.62 - A RESOLUTI0H OF THE CITY COUNC:IL 01" THE CITY OF :E'm~gNO J CbJJIFOHNIA AWARDING CONSTRUCTION CONTRACT ASSESSMENT DISTRICT NO. 65 Recitals! WHEREAS, on the 23rc1 day of August, 1973,thi5 council adopted Resolution No. 73-399, declaring its intention to order the construction of public jJnprovements described in such resO- lution, pursuant to Division 12 of the California Str.eets ana Highways Code, the Municipal Improvement Act of 1913, and re- ferring the proposed improvements to James L. Martin f as Dircc·tor of Public l'lorxs for this city, and directing him to submi tt.o this council a written report thereon containing the informntion specified in streets and Highways Code section 10204; ana WHEREAS, on the 23rd day of August, 1973, this Council adopted Resolution No. 73-401, preliminarily approving the written report on such improvements, filed by said James L. Martin with the City Clerk on the. 23r.d day of August, 1973; and WHEREAS, on the 23rd day of August, 1973, this 'Council adopted Resolution No. 73-402, directing the publication of a notice inviting sealed bids or proposals for the doing of said work and improvements, and fixed Tuesday the 25th day of September, 1973, at. Two o'clock P.M., at the office of the city purchasing Agent, City Hall, Fresno, California, as the time and place for the opening J examining and declaring by said PurchnHing ]\gent of the sealed bids or proposals for work and improvements, and pro- viding that said PllJ;ohnning J\.gent should report his findings to the Council of the city of Fresno for its consiacrntion at the next Stp PASSED •••••••••••••••• ;? ............... . rf rF.CTIVR ........... ".m? .. ~lJi; , ... . . \rJ • regular meeting of the City Council, being the 27th day of September, 1973; and WHEREAS, the Purchasing Agent of the City of Fresno publicly openec1, examined and declarod nl1 ooal(.Jd bJd.13 ox pro'popal~ received for doing said work and.making g~id imprOVernent9/ and he reported his findings to the City council of the C;Lty of Fresno in open session on the 27th day of September, 1973; and Wl1ERBAB, on the 27th day of September, 1973, thi.s Council adopted Resolution No. r{3-4p2 confirming the Engineer I. s Report and ordering the construction of improvements under the Municipal Improvement Act of 1913 relative to Assessment District No. 65 of the City of Fresno. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DOES HEREBY RESq~VE AS FOLLOWS: 1. The City. Council hereby accepts the bid of Amer.ican Paving Company, and hereby rejects all of said bids except that of ~merican Paving Company, and hereby awards the cont.rnct. for doing said work and making said improvements to Ameri.can Paying Company, the lowest responsible bidder, at the contract price and at the unit prices named in the bid of said bidder on file with the office of the Purchasing Agent of the City of Fresno. 2. The·Purchasing Agent of the City of Fresno is hereby directed forthwith to give 'tJritten notice to sald American Pav~ng Company that said contract has been awarded to it and to publish notice of award p"UJ:"13uan+.. +"0 g~ction 10502.1 of the Ca1:i.- fornia streets and Highways Code. 3. The Ci.ty Council of the City of Fresno hereby au- thorizes and directs the Director of Public Works, on behalf of the City, to execute a written contract with said bidder for said -2- work and improvements described in and pursuant to said resolution of intention and resolution ordering work} that certain report made and filed with the City Clerk of the City of Fresno by James L. Mar tin I Diroct:or of PublJc ~lor..kH J and the bid of said bidder I all in the time, form and manner provided by law j saiu cwnl:.rua t nhnl1 be substantially in the form of that form of contract attached hereto marked Exhibit nAIl and by this reference incorporated herein. I, JACQUELINE RYLE, City Clerk of ~he City of Fresno, hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Fresno at a regular meeting held on ~hg 27th day of September, 1973 at the City Hall of the City of Fresno, in the following vo~e, to-wit; AYES: Doig, Mack, Stefano) Villa, Wasemiller} NOES: None ABSENT: Bell, Wills Da ted: Thi s ~ day of ---"S:..:e""'p;..:ct..:;;.er=ub;:;..e=r'--______ , 197 3 . ," . . .-- CONTRACT THIS AGREEMENT, made this . ______ <lay of -----.--------- 19 ____ , by and between the City of Fresno, herein called 1I0 wn er" I acting herein through its Director of Publ.ic ~10rks t' and -.----_._---------------------------------------_ .. Fresno, County of Fresno, State of California, hereinafter called "Contractor" . WITNESSETH: That for and 'in consideration of t.he payments and agreements hereinafter mentioned, to be made uno pcrfo.rIoc·u by the O\'/NER I the CONTRACTOR hereby agrees wi th the O\'l~·mR to' commence and complete the construction descrihed as £o11o~s! hereinafter called the project, for the su.m of _._-------_---:..--------------------_._--------_. __ ._.-.-. and all extra ,""ork in connection therevlith/ under the terms as stated in the General and Special Conditions of the Contract Documents; and at his (its or their) mm proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions staced in the "Contract Documents for EXHIBIT A · . ----. ----.:..--.--_._-----_. ---- -_ .. ---------------_._--------------------.------_ ... ' including but not limited to the Instructions to Bidders, the Notice Inviting Bids, the Bi~ proposal, the General Con~itions and Special Conditions, the Audendums thereto, and the plans, which : inclutle all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, all of which are on file in the Office of the city Clerk of the City of Fresno and all of \~hich are made a part hereof by this reference and collectively evidence and constitute the contract. The CONTRACTOR hereby agrees to commence work unucr this Contract on or before a date to be specified in a written "Notice to Proceed" of' the owt-len and to fully complc;Jte the project within thereaftor. ----.---------_._------- The COH'I'RAC'l'OH further agrees to pay, as liquidated damages I the sum of. ________ · for each consecutive calendar day thereafter as provided in Paragraph 6-10 of the Stanuaru Specifications of the City of Fresno. The O\vNEH agrees to pay the CONTRAC'l'OR in current funds for the performance of the contract} subject: to mJdi tions and deductions, as provided in the General and sp~cial Conditions of the Contrllct, anLl to make payments on accoun t as therein provided. Payment for said work will be made to CONTRAC'rOR from the proceeds only of the sale of the improvement bonds, cash contributions from assessments levied upon property in said district, and cash contributions as specified in the Engineer IS Report. IN WITNESS WHEREOF I the parties to these presc-nts have executed this Contract in counterparts I each of v/hich shall be deemeu un original, in the year -an<1 day first above \llrittcn. CI'l'Y or FRESNO ny _________________ -__ _ DIRECTOR OF punLIC \'lORKS _.------_._._-------------- By --------------colfiifiAc'iOR---- ._-----------------TITLE CEH'l'IPICATIOH ----_._------ In compliance h'ith the provisions of section lU61 of the Labor Code I hereby certify as follows: I am aware of the provisions of section 3700 of the -Labor Code which require every employer t9 be insured against liability for workmen's compensation or to undertake self-insurance in accordance \."i th the provisions of that Code, and I will comply with such provisions before commencing the periormnnce of the work of this Contract. By ______ . __________ _ --------