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84R-043 RESOLUTION NO. 84R -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING TO THE SECOND LOWEST MOST RESPONSIBLE BIDDER THE CONTRACT FOR THE UTILITIES SERVICE CENTER MATERIAL STORAGE AREA PAVING, SOUTH OF SOUTH STREET, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51- 699 - 6329- 0957M -3710A AND 55- 699 - 6329- 0957M- 3900A. WHEREAS, on the 18th day of October, 1983, the City Council of the City of Anaheim did adopt Resolution No. 83R -403 awarding to Gutierrez Construction Company a public works contract for the following described public improvement: Utilities Service Center material storage area paving, 258' south of South Street to 500' south of South Street, east side of service road, in the City of Anaheim, consisting of excavation; removal of curb and gutter; construction of P.C.C. gutter; construction of asphalt concrete; construction of base material; construction of 3" x 6" redwood header; removal of rubble pile; and appurtenant work as shown on the plans and delineated in the specifications on file in the office of the City Engineer, Account Nos. 51 -699- 6329- 0957M -3710A and 55- 699 - 6329- 0957M- 3900A, in accordance with the design, plans, profiles and specifications of said public improvement on file in the office of the City Clerk of the City of Anaheim; and WHEREAS, Gutierrez Construction Company has failed and refused to perform the contract; and WHEREAS, on the 31st day of January , 1984, the City Council of the City of Anaheim adopted Resolution No. 84R -42 rescinding the contract with Gutierrez Construction Company for the above - described public improvement; and WHEREAS, the City Council now finds that it would be for the benefit and best interests of the City of Anaheim to award said contract to the second lowest most responsible bidder, R. J. NOBLE COMPANY, 15505 East Lincoln Avenue, Post Office Box 620, Orange, California 92666, in the amount of Sixty -Seven Thousand Two Hundred Seventy -Six and 25/100 Dollars ($67,276.25). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the sealed proposal submitted by said contractor for the furnishing of all plant, labor, services, materials and equipment, all utilities and transportation, 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 specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim and the notice inviting sealed proposals, the public works and improvement hereinabove more particularly mentioned and described, together with the appurtenances thereto, be, and the same is hereby, accepted, and that a contract for the construction and completion of said public improvement be, and the same is hereby, awarded to the said above -named bidder. AND BE IT FURTHER RESOLVED that the successful bidder upon each contract awarded as hereinabove set forth shall be, and he is hereby, required to execute a contract in the required form with the City of Anaheim upon the terms and conditions specified in the notice inviting sealed proposals and the proposal submitted by said successful bidder and in accordance with the plans and specifications for said public improvement hereinabove described, and in accordance with the terms, conditions and provisions of this resolution, and that said successful bidder to whom such contract is awarded shall be required to furnish a surety bond in an amount equal to one hundred percent (100 %) of the contract price for all labor, materials and equipment to be furnished and performed, as set forth in the sealed proposal submitted by said bidder for the construction of said public improvement, together with the appurtenances thereto or such portion thereof as is covered by said contract, as security for the faithful performance of said contract, and a separate surety bond in an amount equal to one hundred percent (100 %) of the construction cost of said public improvement covered by said contract, as security for the payment of all persons performing labor and furnishing material for said project. AND BE IT FURTHER RESOLVED that said successful bidder be, and he is hereby, required to furnish to the City of Anaheim in companies satisfactory to the City of Anaheim, public liability, property damage, compensation, and other insurance in the amounts and for the purposes set forth and specified in the notice inviting sealed proposals, and subject to the approval of the City Attorney as to form and sufficiency. -2- AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby, authorized and directed to make, execute and enter into, for and on behalf of the City of Anaheim, a written contract with said successful bidder or bidders for the furnishing of all plant, labor, materials, and equipment and performing all work, as hereinabove more particularly described, for the construction, installation and completion of said public improvement hereinabove described upon the terms and conditions as specified in the notice inviting sealed proposals, the detailed design, plans, profiles, drawings and general specifications and detailed specifications and drawings, and all addenda thereto, and all modifications incorporated therein prior to the date of the opening of bids, on file in the Office of the City Clerk of the City of Anaheim and in strict accordance with the terms, conditions and provisions of this resolution, and in accordance with all of the contract documents herein specified. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of January, 1984. /1 MAYOR OF THE CITY OF M ATTEST: CITY LERK OF THE TY OF ANAHEIM /fm 1921M 1/9/84 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R -43 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of January, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R -43 on the 31st day of January, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of January, 1984. /. i tee, i,, CITY CL RK OF THE CITY • ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R -43 duly passed and adopted by the Anaheim City Council on January 31, 1984. CITY CLERK