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Home My WebLink About1963 026 CC RESO1963 026 CC RESO¼òw @|-)RESOLUTION NO. 63-26 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DIRECTING THE MAYOR____________ AND THE CITY CLERK OP SAID CIW TO EXECUTE A CONTRACT WITH THE FALCON CONSTRUCTION COMPANY ON BEHALF OF SAID CITY AND MAKING CERTAIN FINDINGS OF FACT IN CONNECTION THEREWITH. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine and declare: a) that proceedings have heretofore been Initiated for the formation of a sewer assessment district, designated as Sewer Assessment District No. 61-A-l, located primarily within the city limits of the City of Baldwin Park, and par- tially within the Cities of West Covina and Irwindale; b) that on February 2, 1962, Dr. K, H. Sutherland, the Health Officer of the County of Los Angeles, State of California, and the duly designated Health Officer for the City of Baldwin Park Indicated In a letter, the same being spread. In its entirety, upon the Minutes of an Adjourned Regular Meeting of the Baldwin Park City Council, held on February 21, 1962, that the construction of the sanitary sewers as contemplated in said Assessment District No. 61-A-l, was required because, existing sewerage facilities do not meet the standards of sanitation required for protection of public health. The serious need for, and public health requires, the immediate construction of additional sewerage facilities to service this territory...." The said letter is now on file in the Office of the City Clerk of said City. On February 14, 1963, Dr. Sutherland reaffirmed hia earlier recommendation and Indicated that the conditions giving rise to the said recommendation has worsened. c) that on or about February 21, 1962, by Resolution No. 62-42, the said City Council of the City of Baldwin Park approved the plans and specifications for the construction of a sanitary sewer system in and along the areas Included within said District boundary line, and directed that sealed bids for construction thereof, be obtained. Thereafter, said bids were duly received, opened and considered by the said City Council; d) that based upon said bids, as received, and the analysis of said bids by consultants and members of the City's staff, it was determined that Falcon Construction Company was the lowest responsible bidder; and Its said bid was accepted, and the Contract was awarded to said Falcon Construction Company on the 12th day of June, 1962, by Council Resolution No. 62-115. 1- BIB] 38212-U01 1963-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO19677-U03 FO50956-U03 DO50998-U03 C6-U03 RESO-U03 8/12/2004-U04 ROBIN-U04 1963 026 CC RESO¼òw @|-)e) that subsequent to the formation of the said District, above described, and the receipt of the said Health Officer's letter above described, on or about the 12th day of July, 1962, a taxpayers' suit was Instituted against the City of Baldwin Park, said case being entitled Buchanan, t al«j> vs. City of Baldwin Park, et al., Superior Court No. 000,l86, which said action sought an adjudlcation that the district proceedings, in their entirety, were null and void and of no effect, that on November 2 1962, the trial court, in said case, entered a judgment in favor of the City, In effect determining that the district was valldly formed, pursuant to the Municipal Improvement Act of 1913^ that there- after said judgment became a final judgment, there being no appeal taken therefrom, on the 2nd day of December 1962; f) that seven months have elapsed since the said award of bid to said Falcon Construction Company, the said Falcon Construction Company has refused to sign the Contract, formalizing its accepted bid for the construction of said work, In view of the litigation then pending against the City, which threatened the existence of the said District; g) that during said seven- month period of time, the generally prevailing rate of wages required to be paid to persons employed on public works within the City of Baldwin Park and other cities within the County of Los Angeles, has Increased substantially; h) that representatives of Falcon Construction Company have been contacted by members of the City's staff, and said representatives of Falcon Construction Company have agreed to sign the Contract, in view of the fact that the above described litigation has been successfully terminated in favor of the City, provided, that after the said work thereunder is completed, an audit will be made of their books to determine the amount of additional funds required to be paid by Falcon Construction Company to persons employed upon this said project, by reason of the change in said wage rates. l) that it is estimated by the representatives of said Falcon Construction Company that such additional costs will be approximately $15,000. No part of this sum will represent a profit to Falcon Construction Company, but rather will be paid by said Falcon Construction Company to its employees, by way of health and welfare benefits and salary increases as such. J) if the City Council of the City of Baldiwn Park were to reject Falcon's bid and re-advertise for new bids, it is the best estimate of the City's staff that the lowest responsible bid submitted pursuant to said re-advertisement would represent a substantial Increase over the amount bid by Falcon, and that it would be to the detriment of the property owners in said District, and the Citx in that it might necessitate a supplemental assessment; k) That the City has deposited the funds secured from the sale of bonds on the said District, and the direct payment of assessments in lawful depositories, and is now drawing Interest thereon; it Is estimated that such interest will cover a substantial part, if not all, of the estimated additional cost on the proposed Contract above referred to; 2- BIB] 38212-U01 1963-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO19677-U03 FO50956-U03 DO50998-U03 C6-U03 RESO-U03 8/12/2004-U04 ROBIN-U04 1963 026 CC RESO¼òw @|-)1) that this City Council finds and determines that an emergency, from a health standpoint, as well as from an economic standpoint, exists with respect to the construction of the sanitary sewer system In and along the areas Included within Assessment District No, 61-A-l, and It is essential that this City enter into an agreement with the Falcon Construction Company, formally accepting their bid, and providing for an Increase in compensation in an amount equal to the Increased labor costs, so that the improvements can be constructed, so as to eliminate the existing emergency. SECTION 2. That the MAYOR and City Clerk are directed to execute on behalf of the City of Baldwin Park that certain written agreement entitled Agreement 61-A-l", as amended, now on file In the Office of the City Clerk with the Falcon Construction Company upon the terms and conditions as therein contained. SECTION 3. The City Clerk shall certify to the adoption of this resolution and thereafter the same shall be in full force and effect. ADOPTED and APPROVED this February day of Rth 1963 ATTEST: /^j£L^ gL^^ City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK SS I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly adopted by the City Council of said City and signed by its Mayor at a regular Council meeting held on the isi-h day of February______, 1963, by the following vote, to wit: AYES: Councilmen: HOLMES, BLCXHAM, MOREHEAD, TAYLOR AND MAYOR SISHOP NOES: Couneilmen: N ON E ABSENT; Councilmen: NONE /^Le^^ o<^^L^_^/ City Clerk 3- BIB] 38212-U01 1963-U02 026-U02 CC-U02 RESO-U02 LI3-U03 FO19677-U03 FO50956-U03 DO50998-U03 C6-U03 RESO-U03 8/12/2004-U04 ROBIN-U04