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78-223RESOLUTION NO. 78R -223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LO1 RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPVENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFOR -IIIJG ALL IJORK NECES- SARY TO CONSTRUCT AND COMPLETh THE FOLLOWING PUBLIC IMPROVEMENT: ROYAL OAK - SANTA ANA CANYON ROAD TO SPRING HILL DRIVE SIDEWALK IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12 -4309- 706 -16- 0000. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 9th and 16th days of March, 1978 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: Royal Oak - Santa Ana Canyon Road to Spring Hill Drive sidewalk improvement, in the City of Anaheim, consist- ing of clearing and grubbing; construction of P.C.C. sidewalk, access ramps and spandrel; construction of asphalt concrete; and all.appurtenant work as shown on the plans and delineated in the specifications on file in the Office of the City Engineer, Account No. 12- 4309 - 706 -16 -0000. 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 ATT -47 (Page 1 of 4) 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 30th day of March , 1978 for the furnishing of all plant, labor, services, materials 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 herein - above 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 30th day of March 19 in response to the notice aforesaid inviting sealed proposals, to wit: NA;-1E TOTAL PRICE MARKEL CEMENT CONTRACTING, INC. . . . . . . $ 8 BOWERS TRACTOR SERVICE, INC. . . . . . . . 9,130.60 SULLY - MILLER CONTRACTING COMPANY . . . . . 10,275.06 T.J. CROSBY COMPANY . . . . . . . . . . 11 9 867.00 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 pro- posal submitted by M ARKEL CEMENT C ONTRACTING, INC., is the lowest responsible proposal submitted 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 ATT -47 (Page 2 of 4) of the City Clerk of the City of Anaheim, the public improvement hereinabove mentioned and described, together with the appurten- ances 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 accordance 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 pro- posal submitted 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 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 Rood and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the Citv of Anaheim and the notice inviting Sealed proposals, the public works and improvement hereinabove more particularly men- tioned and described, together with the appurtenances thereto, loe, 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 bidc'er or bidders upon each contract awarded as hereinabove set fort:, shall be, and they are 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 or bidders a.n(i in accordance with the plans and specifications for said put,lic 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 per cent (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 appur- tenances 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 per cent (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. Al - TY -56 (Page 3 of Pages) AND BE IT FURTHER RESOLVED that said successful bidder or bidders be, and they are hereby, required to furnished to the City of Anaheim in companies satisfactory to the City of Anaheim, public liability, property damage, compensation, and other insur- ance 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, mater- ials, and equipment and performing all work, as hereinabove more particularly described, for the construction, installation and completion of said public improvement hereinahove 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 draw- ings, 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 reso- lution, 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 11th day of April , 19�g. P MAYOR OF` -THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ATT -47 (Page 4 of 4) 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. 78R -223 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 11th day of April, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R -223 on the 11th day of April, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of April, 1978. CITY ftERK OF THE C TY 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. 78R -223 duly passed and adopted by the Anaheim City Council on April 11, 1978. $ CITY CLERKi _._