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84R-028 RESOLUTION NO. 84R -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE BARRIER FREE ANAHEIM NO. 8 - AREA BOUNDED BY LINCOLN AVENUE, BALL ROAD, EUCLID STREET AND BROOKHURST STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12- 793 - 6325- E3790. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 15th and 22nd days of December, 1983, a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and 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 Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: Barrier Free Anaheim No. 8, area bounded by Lincoln Avenue, Ball Road, Euclid Street and Brookhurst Street, in the City of Anaheim, consisting of the construction of PCC Access Ramps, curbs and gutters; removal of existing curb; construction of asphalt concrete; adjustment of pull boxes to grades; grinding; and all appurtenant work as shown on the plan and delineated in the specifications on file in the office of the City Engineer, Account No. 12- 793 - 6325- E3790, 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, said notice inviting sealed proposals for said public improvement did provide that sealed proposals would be received by the City of Anaheim at the Office of the City Clerk of the City of Anaheim up to the hour of 2:00 o'clock P.M. on the 5th day of January, 1984, for the furnishing of all plant, labor, ser- vices, 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, the public improvement hereinabove more particularly mentioned and described, and which notice did state and declare that pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages in the locality in which this type of labor is to be performed for each craft or type of workman or mechanic needed to execute the contract, and which wage scale is on file in the offices of the City Clerk and City Engineer; and WHEREAS, the City Clerk of the City of Anaheim did receive the following sealed proposals prior to 2:00 o'clock P.M. on the 5th day of January, 1984, in response to the notice afore- said inviting sealed proposals, to wit: NAME TOTAL PRICE DAMON CONSTRUCTION COMPANY $51,614.25 NOBEST, INC $56,695.20 GABY CONSTRUCTION COMPANY $76,057.00 AND WHEREAS, the City Engineer did thereupon examine and tabulate said sealed proposals and did report to the City Council the result of his examination and tabulation; and WHEREAS, the City Council finds that the sealed proposal submitted by DAMON CONSTRUCTION COMPANY, 5871 Firestone, South Gate, California 90280, is the lowest responsible proposal submit- ted 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 com- plete 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, the public im- provement hereinabove mentioned and described, together with the appurtenances thereto, and as specified in the notice inviting sealed proposals, and that said proposal of said above -named bidder should be accepted and a contract awarded to said bidder in accord- ance therewith; and WHEREAS, the City Council finds that the above - mentioned sealed proposal is the lowest responsible proposal received and that the person, firm or corporation submitting said proposal is a responsible person, firm or corporation and that the proposal sub- mitted is the best suited and fitted for the public improvement to be constructed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the sealed proposal submitted by said contrac- tor 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 com- plete, 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 herein - above 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. -2- AND BE IT FURTHER RESOLVED that the successful bidder or bidders upon each contract awarded as hereinabove set forth, shall be, and they are hereby required to execute a contract in the required form with the City of Anaheim upon the terms and condi- tions specified in the notice inviting sealed proposals and the proposal submitted by said successful bidder or bidders 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 or bidders to whom each 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, materi- als 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 con- tract, 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 or bidders be, and they are 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. 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 specifi- cations 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 accord- ance 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 24th day of January, 1984. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY EiRK OF THE CITY OF ANAHEIM /fm 1972M 1/18/84 -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 -28 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of January, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler 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 -28 on the 24th day of January, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of January, 1984. CITY C RK OF THE CIT OF 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 -28 duly passed and adopted by the Anaheim City Council on January 24, 1984. CITY CLE "